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TITLE XIII

ADOPTED CHILDREN shall use the surname of the adopting
parent. If the adopting parents are a married couple, the
surname of the husband shall be used.

USE OF SURNAMES

Article 364. Legitimate and legitimated
principally use the surname of the father.

children

shall

Name- a word or words, when applied to a particular person,
used to distinguish, that is, to identify, that person.
Surname- the word or words used by which a person is known
not only as an individual but also as belonging to a particular
family.
A SURNAME IS NOT AN EXCLUSIVE RIGHT. A surname is not
owned by a family to the exclusion of others.
LEGITIMATE AND LEGITIMATED CHILDREN shall principally
use the surname of their father. Their mother’s surname may be
used as a middle name.
The word “principally” is not equivalent to exclusively so that
there is no legal obstacle if a legitimate or legitimated child
should choose to use the surname of its mother to which it is
equally entitled. (Alfon v Republic)
OFFICIAL NAME. The official name of a person is that one given
him in the civil register.
The surname is that which identifies the family to which he
belongs and is continued from parent to child. The given name
may be freely selected by the parents BUT the surname is
FIXED BY LAW.
It is both PERSONAL as well as PUBLIC INTEREST that every
person must have a name. (Republic v Hernandez)

Article 365. An adopted child shall bear the surname of the
adopter.

The use of the surname of the adopter by the adopted child is
both a right and an obligation. (Republic v CA)

Article 366. A natural child acknowledged by both parents
shall principally use the surname of the father. If recognized
by only one of the parents, a natural child shall employ the
surname of the recognizing parent.
(Repealed by Art 176 of the Family Code)
Under the FC, the different classes of illegitimate children are
now collectively and simply called illegitimate children. Art 165
of the Family Code provides: Children conceived and born
outside a valid marriage are illegitimate, unless otherwise
provided in the Code.
Illegitimate children shall use the surname and shall be under
parental authority of their mothers. (Art 176 FC)
To allow the illegitimate child to use the surname of the father,
the appropriate remedy is the adoption of the child by the father.
After a father had VOLUNTARILY recognized his illegitimate
child in a judicial proceeding, he can use his father’s surname
WITHOUT the need of filing a petition for a change of name. (An
exception to the general rule to avoid multiplicity of suits).
Petitions for adoption and change of name have NO RELATION
TO EACH OTHER, nor are they of the same nature, much less
do they present any common question of fact or law. They do not
meet the test of CONCEPTUAL UNITY.

Article 367. Natural children by legal fiction shall principally
employ the surname of the father.
(Repealed by Art 176 of the Family Code)

Article 368. Illegitimate children referred to in article 287 shall
bear the surname of the mother.
(Repealed by Art 176 of the Family Code)
Art. 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. Except for this modification, all other provisions
in the Civil Code governing successional rights shall remain in
force.

Article 369. Children conceived before the decree annulling a
voidable marriage shall principally use the surname of the
father.
Voidable marriages are valid until annulled. If the prescriptive
period for the assailment of a voidable marriage had lapsed, the
marriage shall stand unquestionable.
Children conceived during the period PRIOR TO THE
ANNULMENT of the voidable marriage are considered
LEGITIMATE. They shall therefore principally use the surname of
the father.
Children conceived AFTER THE ANNULMENT of the marriage
shall use the surname mother if she had not yet remarried.

Article 370. A married woman may use:
(1) Her maiden first name and surname and add her
husband's surname, or
(2) Her maiden first name and her husband's surname or
(3) Her husband's full name, but prefixing a word indicating
that she is his wife, such as "Mrs."
The wife is NOT DUTY BOUND to use the surname of her
husband. The option is left to her discretion.

No law prohibits a married woman from continuing to use her
maiden name and surname if she wishes to (Yasin v Judge,
Shari’a District Court) However, if the woman was divorced
under the Code of Muslim Personal Laws of the Philippines (PD
1086), she could not use anymore the surname of her former
husband, if the latter had already remarried.
The authority of the wife to use the surname of her husband
impliedly excludes others from using the same name.

Article 371. In case of annulment of marriage, and the wife is
the guilty party, she shall resume her maiden name and
surname. If she is the innocent spouse, she may resume her
maiden name and surname. However, she may choose to
continue employing her former husband's surname, unless:
(1) The court decrees otherwise, or
(2) (2) She or the former husband is married again to another
person.
During the period that the woman is not yet married to another
man, she has two options:
a. She may resume the use of her maiden name and surname;
or
b. She could use the family name of the former husband, if she
is the innocent spouse, UNLESS the court has stopped her
from doing so, or the former husband is already married to
another woman.
If the wife is the guilty spouse, she shall resume the use of her
maiden name and surname.

Article 372. When legal separation has been granted, the wife
shall continue using her name and surname employed before
the legal separation.
Legal separation or separation de facto do not severe the marital
vinculum. The wife shall continue the use of her name and

surname which she has been using before the legal separation.
The law is MANDATORY.
The guilt or innocence of the wife in the legal separation case
does not matter in application of this article.

Article 373. A widow may use the deceased husband's
surname as though he were still living, in accordance with
article 370.
A widow has two options. She can use:
 Her maiden name and surname and DROP the husband’s
surname; or
 Continue to use the surname of the husband as if he were
still living in accordance with Art. 370, NCC.
The descriptive appellation “Viuda de” or “Vda. De” is openly
used, followed by the surname of the husband.

Article 374. In case of identity of names and surnames, the
younger person shall be obliged to use such additional name
or surname as will avoid confusion.
If in the same family, two or more persons have similar names
and surnames, to avoid confusion, the younger ones are obliged
to use additional names and surnames.

Article 375. In case of identity of names and surnames
between ascendants and descendants, the word "Junior" can
be used only by a son. Grandsons and other direct male
descendants shall either: (1) Add a middle name or the
mother's surname, or (2) Add the Roman numerals II, III, and
so on.
If the name of the son is similar to the father, the son shall add
the suffix “Jr.” to his name. Similarly, the father may use the
suffix “Sr.”

Grandsons and other direct male descendants shall either add a
middle name or the mother’s surname, or add roman numerals.
Article 376. No person can change his name or surname
without judicial authority.
The procedure in the changing of names is Rule 103 of the
Revised Rules of Court.
It shall be filed in the RTC og the province or city where the
petitioner resides.
A petition for change of name shall be:
 Signed and verified by the person desiring his name
changed or some other person on his behalf and shall set
forth:
 That the petitioner has been a bona fide resident of the
province where the petition is filed for at least 3 years
 THe cause for which the change of the petitioner’s name is
sought;
 The name asked for (Sec 2 Rule 103, Rules of Court)
If the petition filed is sufficient in form and substance, the court,
by an order, shall fix a date and place for the hearing thereof,
and shall direct that a copy of the order be OUBLISHED
BEFORE THE HEARING at least once a week for three
successive weeks in some newspaper of general circulation
published in the province, as the court shall deem best. The date
of the hearing shall NOT BE WITHIN 30 days prior to an election
nor within 4 months after the last publication of the notice.
Any INTERESTED person may appear at the hearing and
oppose the petition. The Solicitor General or the city fiscal shall
appear on behalf of the Government of the Republic.
Judgments or orders rendered in connection with this rule shall
be furnished the civil registrar of the municipality or city where
the court issuing the same is situated who shall forthwith enter
the same in the civil register.
CHANGE OF NAME IS A PRIVILEGE, NOT A MATTER OF
RIGHT. Hence, the petitioner must show proper and reasonable

cause or compelling reason which may justify such change.

the name is used to call an animal or a trademark for some
merchandise.

GROUNDS FOR CHANGE OF NAME
1. When the name is ridiculous, tainted with dishonor, or is
difficult to write or pronounce;
2. When the request for change is a consequence of a change
of status
3. When the change is necessary to avoid confusion

An alias is a name or names used by a person or intended to be
used by him publicly and habitually usually in business
transactions in addition to his real name by which he is
registered at birth or baptized the first time or substitute name
authorized by a competent authority.

Change of name is a judicial proceeding in rem. Strict
compliance with the requirements of publication is essential
before the court could acquire jurisdiction.

The use of a fictitious name or a different name belonging to
another person in a single instance without any sign or indication
that the user intends to be known by his name in addition to his
real name from that day forth does not fall within the prohibition
contained.

For legal purposes, the true or official name of a person is that
one which is recorded in the Civil Register.
The official name recorded in the Civil Registry is the only name
which can be changed. The real name and all aliases must be
stated in the heading of the petition.

Article 377. Usurpation of a name and surname may be the
subject of an action for damages and other relief.
ELEMENTS OF USURPATION OF NAME
a. When there is actual use of another’s name by the
defendant;
b. The use is unauthorized;
c. The use of another’s name is to designate personality or
identify a person.

Article 378. The unauthorized or unlawful use of another
person's surname gives a right of action to the latter.
Art 377 contemplates the unauthorized use of a name and
surname for the purpose of designating personality or identifying
a person.
Art 378 covers the use of a name for other purposes, such when

Article 379. The employment of pen names or stage names is
permitted, provided it is done in good faith and there is no
injury to third persons. Pen names and stage names cannot
be usurped.
The use of a PEN NAME is protected only if it is used in
connection with an activity in the literary field.
A STAGE NAME is equally protected if it is used in connection
with some artistic or theatrical activities.
The stage name should not be used in other fields of activity
where they are impertinent.
For election purposes, actors using stage names may petition
the COMELEC for permission to allow them to use their stage
names.

Article 380. Except as provided in the preceding article, no
person shall use different names and surnames.
The use of an alias without judicial authorization is a violation of
the Anti-alias Law (CA No. 142)

SURNAMES
REPUBLIC V CA AND CYNTHIA VICENCIO
Facts: Pablo Vicencio and Experanza were married. Their daughter was
named Cynthia Vicencio (petitioner). After a marital spat, Pablo
Vicencio left their conjugal abode and never reappeared nor sent
support for the family. Esperanza filed a petition for separation of their
conjugal partnership which was granted. Eventually, Esperanza filed a
petition for change of name and dropped dropped the surname
Vicencio. She also filed a petition for the declaration of Pablo as an
absentee which was granted. Esperanza and Ernesto Yu were married.
The petitioner’s grounds for change of surname are as follows:
 Petitioner’s known father had been Ernesto Yu despite the fact that
she had been using the family name “Vicencio” in her school and
other related activities.
 Confusion arose as to her parentage and had been subject to
inquiries
 She had used the surname Yu on two occassions.
 Her stepfather had been consulted and had given consent re: this
petition
 Her stepfather testified and confirmed his consent.
The OSG opposed the petition. The RTC ruled that there is no valid
cause for denying the petition. It could not compel the step father to
adopt petitioner as adoption is a voluntary act. Failure to result to
adoption should not be a cause for disallowing petitioner to changer her
name.
The CA affirmed the decision of the RTC and held that it is for the best
interest of the petitioner as it would “give her an opportunity to
improve her personality and welfare.”
Issue: W/N the CA erred in affirming the RTC’s decision allowing the
change of private respondent’s surname to that of her step-father

Private respondent. The Court has had occasion to express the view that the State has an interest in the names borne by individuals and entities for purposes of identification. hence his name became Julian Lin Carulasan Wang. when one has continuously used and been known since childhood by a Filipino name and was unaware of alien parentage. legitimate children are entitled to the use of the surnames of both the mother and the father. a plausible reason the petition for change of name was filed in the first place. born in Singapore. Otherwise. it is laudable that Ernesto Yu has treated Cynthia as his very own daughter. Anna averred that in Singapore. specifically the law which requires that legitimate children shall principally use the surname of their father . Such change might even cause confusion and give rise to legal complications due to the fact that private respondents step-father has two children with her mother. e. when the change is a legal consequence of legitimation or adoption. In the event of her step-father’s death. as long as it will not prejudice the State. the request should be denied. ruling that the State have an interest in the names of persons. when the change is based on a sincere desire to adopt a Filipino name to erase signs of former alienage. they executed an Affidavit of Legitimation. the following as sufficient grounds to warrant a change of name: a. they filed a petition for change of name/correction/cancellation of entry of Julian to Julian Lin Wang. Lastly.Held: In Republic vs. petitioner must show not only some proper or compelling reason therefore but also that he will be prejudiced by the use of his true and official name. at least at the start. Under Article 174 of the Family Code. However. so that before a person can be authorized to change his name given him either in his certificate of birth or civil registry. our conclusion remains considering the circumstances before us and the lack of any legally justifiable cause for allowing the change of her surname. taking into consideration the best interest of the child. The touchstone for the grant of a change of name is that there be proper and reasonable cause for which the change is sought. as it does not simply seek to change the name of the minor petitioner and adopt another. To justify a request for change of name. he has not opted for such a remedy. (3) It is fixed. Julian and his sister might be asked why they have different surnames. The assailed decision as affirmed by the appellate court does not persuade us to depart from the applicability of the general rule on the use of surnames. unchangeable. when the name is ridiculous. for nobody can be without a name. However. Does the law allow one to drop the middle name from his registered name? No . private respondent was already 18 years old but still considered a minor because Republic Act 6809. Anna filed a motion for reconsideration. however dismissed the petition. we have recognized inter alia. Since they plan to stay in Singapore so he can study there and stay with his sister. when the surname causes embarrassment and there is no showing that the desired change of name was for a fraudulent purpose. or immutable. Hernandez. b. or any compelling reason which may justify such change. which should not be changed for the convenience of the bearer. Convenience of a child is a valid ground for change of name. She thus prayed that the surname “Carulasan” be dropped from Julian’s name. that globalization brought the need of children to adjust to their new environments. or that the change of name would prejudice public interest. there is no assurance the end result would not be even more detrimental to her person. Issue: W/N the RTC erred in denying the petition for the change of name of minor Julian Lin Carulasan Wang Held: The petition should be denied. A name is said to have the following characteristics: (1) It is absolute. if granted. Further. The RTC. among others. When they subsequently married. The touchstone for the grant of a change of name is that there be ‘proper and reasonable cause’ for which the change is sought. since the Court in several occasions allowed the change of name of a minor. Wang Mei Jasmin. for instead of bringing a stop to questions. The petition before us is unlike other petitions for change of name. was then in effect. they anticipate that Julian will be anticipated against because surname of a mother is not carried in a person’s name. the very change of name. IN RE: PETITION FOR CHANGE OF NAME AND/OR CANCELLATION OF ENTRY IN CIVIL REGISTRY OF JULIAN LIN CARULASAN WANG Facts: Julian Lin Carulasan Wang was born to parents Anna Lisa Wang and sing-Foe Wang who was not yet married at the time of his parents. The Solicitor General however argues that there is no proper and reasonable cause to warrant private respondents change of surname. legal constraints lead us to reject private respondents desire to use her stepfathers surname. and may be changed only for good cause and by judicial proceedings. she argues that it is error for the court to rule that Julian should wait for the age of majority to decide on his change of name. intended to protect the individual from being confused with others. and that a change of name is a privilege and not a right. it is possible that private respondent may even claim inheritance rights as a legitimate daughter. could trigger much deeper inquiries regarding her parentage. providing for all her needs as a father would his own flesh and blood. d. arguing. opines that Ernesto Yu has no intention of making Cynthia as an heir because despite the suggestion made before the petition for change of name was heard by the trial court that the change of family name to Yu could very easily be achieved by adoption. for consistency and harmony. he must show proper or reasonable cause. The Solicitor General. when the change will avoid confusion. In the petition. Moreover. but instead seeks to drop the middle name altogether. We find merit in the Solicitor Generals contention. Lastly. Carulasan sounds funny in Singapore where the letter “R” is pronounced as “L”. and f. all in good faith and without prejudice to anybody. when this case was decided by the appellate court.lowering the age of majority. regardless of private respondents age. dishonorable or extremely difficult to write or pronounce. and this right should not be taken away from Julian who is still a minor. (2) It is obligatory in certain respects. c. might sincerely wish to be in a position similar to that of her step-fathers legitimate children.

she had elected Philippine citizenship upon reaching the age of majority. In addition. they are considered to have exercised their discretion and judgment. there was no showing that the change of name was motivated by a fraudulent purpose or that it will prejudice public interest. inalienable and intransmissible by act inter vivos or mortis causa. legitimated and recognized illegitimate child thus contains a given or proper name. . there is no law prohibiting an illegitimate child adopted by her natural father.(4) It is outside the commerce of man. the registration in the civil registry of the birth of such individuals requires that the middle name be indicated in the certificate. Applying these laws. Republic. Republic. to avoid confusion. IN THE MATTER OF THE ADOPTION OF STEPHANIE NATHY ASTORGA GARCIA Facts: Honorato Catindig filed a petition to adopt his minor illegitimate child Stephanie Nathy Astorga Garcia. c. he may not yet understand and appreciate the value of the change of his name and granting of the same at this point may just prejudice him in his rights under our laws. like Stephanie. Petitioner theorizes that it would be for his best interest to drop his middle name as this would help him to adjust more easily to and integrate himself into Singaporean society. In Oshita. The factual antecedents and unique circumstances of the cited cases are not at all analogous to the case at bar. fully knowing the effects of their decision to change their surnames. she is now known as Stephanie Nathy Catindig. to prevent any confusion and hardship in the future. agreed with Honorato for her relationship with her natural mother should be maintained and preserved. to say the least. to use. The name of the unrecognized illegitimate child therefore identifies him as such. 189 of the Family Code. and a surname. In Alfon. the Court found that there was ample justification to grant her petition. The Family Code gives legitimate children the right to bear the surnames of the father and the mother. upon adoption by her natural father. The registered name of a legitimate. (5) It is imprescriptible. through the OSG. the trial court denied her petition but this Court overturned the denial. where the petitioners were already of age when they filed their petitions for change of name. and that her surname Garcia be changed to Catindig. a middle name.e. he cites Oshita v. Republic and Calderon v. should principally use the surname of her father. even the family name of the mother. The Court held that a petition for change of name of an infant should be granted where to do is clearly for the best interest of the child.” a. as a legitimate child. Issue: W/N an illegitimate child. his surname. therefore. and under Article 189 she remains to be an intestate heir of her mother. Weighing petitioner’s reason of convenience for the change of his name against the standards set in the cases he cites to support his contention would show that his justification is amorphous. while illegitimate children shall use the surname of their mother. taking the surname of her stepfather. Our laws on the use of surnames state that legitimate and legitimated children shall principally use the surname of the father. Petitioner cites Alfon v. Trial court granted the petition and declared Stephanie as his legitimate child and heir. The Court took into consideration the opportunity provided for the minor petitioner to eliminate the stigma of illegitimacy which she would carry if she continued to use the surname of her illegitimate father. As he is of tender age. an illegitimate minor child acting through her mother who filed the petition in her behalf. Middle names serve to identify the maternal lineage or filiation of a person as well as further distinguish him from others who may have the same given name and surname as he has.. and does not have a middle name. use the surname of her natural mother as her middle name Held: Yes. it is not mandatory such that the child could use only one family name. Honorato filed a motion for clarification and/or reconsideration that Stephanie should be allowed to use the surname Garcia as her middle name. The instant case is clearly distinguishable from the cases of Oshita and Alfon. He prayed that the child's middle name Astorga be changed to Garcia. and pursuant to Art. she was embarrassed to bear a Japanese surname there still being ill feeling against the Japanese due to the last World War. an illegitimate child whose filiation is not recognized by the father bears only a given name and his mother’s surname. and. d. it is best that the matter of change of his name be left to his judgment and discretion when he reaches the age of majority. It is only when the illegitimate child is legitimated by the subsequent marriage of his parents or acknowledged by the father in a public document or private handwritten instrument that he bears both his mother’s surname as his middle name and his father’s surname as his surname. her mother's surname. and could not warrant favorable action on his petition. It can also be unmistakably observed that the reason for the grant of the petitions for change of name in these two cases was the presence of reasonable or compelling grounds therefore. in which case they may bear the father’s surname. Being of age. In addition. as middle name her mother’s surname. which. in arguing that although Article 174 of the Family Code gives the legitimate child the right to use the surnames of the father and the mother. ruling that while Article 364 of the Civil Code states that she. Accordingly. In Calderon. The Republic. reflecting his status as a legitimated child or an acknowledged illegitimate child. Considering the nebulous foundation on which his petition for change of name is based. the Court allowed petitioner. however. unless their father recognizes their filiation. are not apropos both. In support. the Court granted her petition based on the following considerations: b. i. petitioner is only a minor. there is no legal obstacle for her to choose to use the surname of herm other to which she is entitled. her other siblings who had also elected Philippine citizenship have been using their mother’s surname. to change her name. we find no reason why she should not be allowed to do so.

like Stephanie. Since there was no opposition to the petition. Capote (guardian ad litem) filed a petition forchange of name of her ward from Giovanni Nadores Gallamaso to Giovanni Nadores. Gallamaso to Giovanni Nadores. The relief sought clearly goes beyond correcting erroneous entries in the civil registry. 9255. to use. It will strengthen the determination of the courts to avoid an injustice which may apparently be authorized by some way of interpreting the law. The lower court also furnished the OSG a copy thereof. the trial court rendered a decision ordering the change of name from Giovanni N. The OSG is correct in stating that a petition for change of name must be heard in an adversarial proceeding. There is no doubt that this petition does not fall under Rule 108 for it is not alleged that the entry in the civil registry suffers from clerical or typographical errors. W/N Capote complied with the requirement for an adversarial proceeding Capote complied with the requirement for an adversarial proceeding by posting in a newspaper of general circulation notice of the filing of the petition. the trial court found (and the appellate court affirmed) that the evidence presented during the hearing of Giovanni’s petition sufficiently established that. 10 of the New Civil Code provides that: In case of doubt in the interpretation or application of laws. as amended by Republic Act No. did not object. W/N a proceeding for change of name adversarial? Lastly. is necessary so that it may tip the scales in favor of right and justice when the law is doubtful or obscure. It is also to his best interest as it will facilitate his mother’s intended petition to have him join her in the United States. through the OSG. and the change of name will be for the benefit of the minor. Ruling that the proceedings were sufficiently adversarial in nature as required. a petition for change of name under Rule 103 cannot be decided through a summary proceeding. After the reception of evidence. the CA affirmed the RTC decision ordering the change of name. 8552. the surname of his natural father.” Article 189 of the Family Code.Giovanni is the illegitimate natural child of Corazon P. Petitioner Republic of the Philippines. After hearing. although by granting the petition. enumerating the legal effects of adoption. REPUBLIC V CAPOTE Facts: In 1998. Considering that the OSG neither opposed the petition nor . (Domestic Adoption Act of 1998) an legitimate child by virtue of her adoption. emotional and spiritual concerns. no one came forward to oppose the petition including the OSG. Article 365 of the CC merely provides that “an adopted child shall bear the surname of the adopter. Stephanie is entitled to all the rights provided by law to a legitimate child without discrimination of any kind. The fact that no one opposed the petition did not deprive the court of its jurisdiction to hear the same nor does it make the proceeding less adversarial in nature. the trial court gave due course to the petition. Republic Act No. Giovanni’s mother might eventually petition him to join her in the United States and his continued use of the surname Gallamaso. A change of name will erase the impression that he was ever recognized by his father. being humane and salutary. we find no reason why she should not be allowed to do so. should be liberally construed to carry out the beneficent purposes of adoption. A. Having found respondent’s petition sufficient in form and substance. Despite the notice. it is presumed that the lawmaking body intended right and justice to prevail. Yes. 1982. Petitioner appealed to the Supreme Court contending that the CA erred in affirming the trial court’s decision which granted the petition for change of name despite the non-joinder of indispensable parties. Hence. hence. It is a settled rule that adoption statutes. and complied with all the procedural requirements. hence. including the right to bear the surname of her father and her mother. The interests and welfare of the adopted child are of primary and paramount consideration. The purported parents and all other persons who may be adversely affected by the child’s change of name should have been made respondents to make the proceeding adversarial. Nadores and Diosdado Gallamaso. This Court will not stand in the way of the reunification of mother and son. Art. The petition alleged that: Issues: W/N the petition for change of name should be granted. according to the Code Commission. The law and facts obtaining here favor Giovanni’s petition. respondent moved for leave of court to present her evidence ex parte before a court-appointed commissioner. under Art. Article 176 of the Family Code. the result is the same in that a corresponding change in the entry is also required to reflect the change in name. his father failed to take up his responsibilities [to him] on matters of financial. Giovanni is now fully aware of how he stands with his father and he desires to have his surname changed to that of his mother’s surname. the lower court granted the motion. The OSG. The lower court is still expected to exercise its judgment to determine whether the petition is meritorious or not and not merely accept as true the arguments propounded. prior to the effectivity of the New Family Code.from the time Giovanni was born and up to the present. Giovanni availed of the proper remedy. may complicate his status as natural child. Publication of the petition was ordered and the local civil registrar and the Office of the Solicitor General (OSG) was notified. his mother made him use the surname of the natural father despite the absence of marriage between them. a petition for change of name under Rule 103 of the Rules of Court. This provision. 176 of the Civil Code. (An Act Allowing Illegitimate Children To Use The Surname Of Their Father) is silent as to what middle name a child may use. Unlike petitions for the cancellation or correction of clerical errors in entries in the civil registry under Rule 108 of the Rules of Court. acting through the Provincial Prosecutor. he was born on July 9. is likewise silent on the matter. every reasonable intendment should be sustained to promote and fulfill these noble and compassionate objectives of the law. filed an appeal with a lone assignment of error: the court a quo erred in granting the petition in a summary proceeding. physical. Giovanni is entitled to change his name as he was never recognized by his father while his mother has always recognized him as her child. respondent Trinidad R. as middle name her mothers surname. since there is no law prohibiting an illegitimate child adopted by her natural father.

Ms. THE WOMAN APPLICANT MAY REVERT TO THE USE OF HER MAIDEN NAME: PROVIDED. Bretana III. representing petitioner. HER MAIDEN FIRST NAME AND SURNAME AND ADD HER HUSBANDS SURNAME. SEC OF FOREIGN AFFAIRS Facts: Maria Virginia V. but not a duty. 2000. were afforded the opportunity to contest the petition REMO V HON. who originally used her husbands surname in her expired passport. Secretary of DFA (RA 8239) The Office of the President further held that “in case of conflict between a general and special law. SEPARATED. SUCH AS MRS. wrote on the Secretary of DFA expressing a similar request DFA through Asst. A married woman may use: Significantly. stating:“…it is not obligatory for a married woman to use her husband’s name. to use the surname of the husband in any of the ways provided by Article 370 of the Civil Code. Illinois.S. b. revert to her maiden name. the latter will control over the former regardless of the respective dates of passage. Thus. Remo’s case does not meet any of these conditions. X X X ART.” The petitioner filed for a motion for reconsideration and the Office of the President denied (#5) the motion. Title XIII of the Civil Code governs the use of surnames. a. She is therefore allowed to use not only any of the three names provided in Article 370. Section 1. No passport shall be issued to an applicant unless the Secretary or his duly authorized representative is satisfied that the applicant is a Filipino citizen who has complied with the following requirements: x x x (D) IN CASE OF A WOMAN WHO IS MARRIED. Petitioner moved for reconsideration which the Court of Appeals denied (#7 ). Article 12 of the Implementing Rules and Regulations of RA 8239 provides: 1. BUT PREFIXING A WORD INDICATING THAT SHE IS HIS WIFE.A. Use of maiden name is allowed in passport application only if the married name has not been used in previous application. the petitioner (marriage still subsists) applied f or renewal in DFA Chicago. In addition. which states: Sec. The passport can be amended only in the following cases: 2. despite the subsistence of her marriage Held: The petition lacks merit. can revert to the use of her maiden name in the replacement passport. Respondent gave notice of the petition through publication as required by the rules. Petitioner filed with the court of Appeals for a petition for review and the Court of Appeals denied (#6) the petition and affirmed the ruling of the Office of the President. divorce and death of the husband. it should yield to RA 8239. OR . all interested parties were deemed notified and the whole world considered bound by the judgment therein. with a request to revert to her maiden name and surname in the replacement passport. ANNULMENT OF MARRIAGE OR DIVORCE INITIATED BY A FOREIGN SPOUSE. With this. ANNULMENT OR DECLARATION OF MARRIAGE AS VOID. this interpretation is in consonance with the principle that surnames indicate descent. Belen F. COURT DECREE OF SEPARATION. She is not prohibited from continuously using her maiden name once she is married because when a woman marries. In the case of a married woman. the trial court gave due notice to the OSG by serving a copy of the petition on it. Issue: W/N petitioner. Sec. Petitioner’s request having been denied (#1). 5. Being married to Francisco R. Requirements for the Issuance of Passport. The law governing passport issuance is RA 8239 and the applicable provision in this case is Section 5(d). including petitioner as represented by the OSG. The Office of the President dismissed (#4) the appeal with the same argument as the Asst. denied (#2) ther equest. AMENDMENT OF WOMANS NAME DUE TO MARRIAGE. Atty. A COPY OF THE CERTIFICATE OF MARRIAGE. Anota. A proceeding is adversarial where the party seeking relief has given legal warning to the other party and afforded the latter an opportunity to contest it. of only in cases of annulment of marriage.the motion to present its evidence ex parte when it had the opportunity to do so. THAT IN CASE OF A DIVORCE DECREE.” When is a proceeding considered adversarial? Petitioner’s motion for reconsideration of the above-letter resolution was denied (#3) in a letter. OR HER HUSBANDS FULL NAME. AMENDMENT OF WOMANS NAME DUE TO DEATH OF SPOUSE. Since the Civil Code is a general rule. 3. the following entries appear: surname: Rallonza given name: Maria Virginia middle name: Remo Prior to expiry of her passport. THAT SUCH DIVORCE IS RECOGNIZED UNDER EXISTING LAWS OF THE PHILIPPINES. FURTHER. Article 370 of the Civil Code provides: Clearly. a married woman has an option. DIVORCE OR ANNULMENT OR CERTIFICATE OF DEATH OF THE DECEASED SPOUSE DULY ISSUED AND AUTHENTICATED BY THE OFFICE OF THE CIVIL REGISTRAR GENERAL: PROVIDED. that is. it cannot now complain that the proceedings in the lower court were not adversarial enough. Manuel Joseph R. Rallonza. 370. but also her maiden name upon marriage. Remo is a married Filipino citizen whose passport was then expiring on October 27. OR HER MAIDEN FIRST NAME AND HER HUSBAND'S SURNAME. she does not change her name but only her civil status. Further. U. all the requirements to make a proceeding adversarial were satisfied when all interested parties. DIVORCED OR WIDOWED OR WHOSE MARRIAGE HAS BEEN ANNULLED OR DECLARED BY COURT AS VOID. The Implementing Rules and Regulations for Philippines Passport Act of 1996 (RA 8239) clearly defines the conditions when a woman may Petitioner filed an appeal with the Office of the President.

9048 AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER. in person. (6) "First name" refers to a name or nickname given to a person which may consist of one or more names in addition to the middle and last names. Otherwise. Authority to Correct Clerical or Typographical Error and Change of First Name or Nickname – No entry in a civil register shall be changed or corrected without a judicial order. As the OSG correctly pointed out: The issuance of passports is impressed with public interest. In case the petitioner has already migrated to another place in the country and it would not be practical for such party. Grounds for Change of First Name or Nickname.c. placing her case outside of the purview of Section 5(d) of RA 8239 (as to the instances when a married woman may revert to the use of her maiden name). (5) "Civil registrar general" refers to the Administrator of the National Statistics Office which is the agency mandated to carry out and administer the provision of laws on civil registration. a married woman. INCLUDING ITS IMPLEMENTING RULES AND REGULATIONS. RA 8239. a verified petition with the local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept. Philippine Consulates and of the Office of the Civil Registrar General. such as petitioner. copying. The petitions filed with the city or municipal civil registrar or the consul general shall be processed in accordance with this Act and its implementing rules and regulations. who is appointed as such by the city or municipal mayor in accordance with the provisions of existing laws. for passport issuance purposes. except for clerical or typographical errors and change of first name or nickname which can be corrected or changed by the concerned city or municipal civil registrar or consul general in accordance with the provisions of this Act and its implementing rules and regulations. SUCH AN APPLICANT IS NOT REQUIRED TO ADOPT HER HUSBAND'S SURNAME. – The petition for change of first name or nickname may be allowed in any of the following cases: . IN FACT. in person. – Any person having direct and personal interest in the correction of a clerical or typographical error in an entry and/or change of first name or nickname in the civil register may file. which is visible to the eyes or obvious to the understanding. status or sex of the petitioner. (2) "Petitioner" refers to a natural person filing the petition and who has direct and personal interest in the correction of a clerical or typographical error in an entry or change of first name or nickname in the civil register. with the local civil registrar of the place where the interested party is presently residing or domiciled. DOES NOT PROHIBIT A MARRIED WOMAN FROM USING HER MAIDEN NAME IN HER PASSPORT. whose marriage subsists. Who May File the Petition and Where. IN RECOGNITION OF THIS RIGHT. the petition may be filed. she may not resume her maiden name in the replacement passport. such as misspelled name or misspelled place of birth or the like. THE DFA ALLOWS A MARRIED WOMAN WHO APPLIES FOR A PASSPORT FOR THE FIRST TIME TO USE HER MAIDEN NAME. A passport is an official document of identity and nationality issued to a person intending to travel or sojourn in foreign countries. REPUBLIC ACT NO. in terms of transportation expenses. All petitions for the clerical or typographical errors and/or change of first names or nicknames may be availed of only once. the following terms shall mean: (1) "City or Municipal civil registrar" refers to the head of the local civil registry office of the city or municipality. Definition of Terms – As used in this Act. in person. Section 4. AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OF THE CIVIL CODE OF THE PHILIPPINES Section 1. x x x Section 2. (3) "Clerical or typographical error" refers to a mistake committed in the performance of clerical work in writing. cannot be countenanced. That no correction must involve the change of nationality. It is issued by the Philippine government to its citizens requesting other governments to allow its holder to pass safely and freely. CHANGE OF SURNAME OF A LEGITIMATED BY VIRTUE OF MARRIAGE OF HIS PARENTS. transcribing or typing an entry in the civil register that is harmless and innocuous. and can be corrected or changed only by reference to other existing record or records:Provided. age. which is considered superior to all other official documents. and in case of need. The two (2) local civil registrars concerned will then communicate to facilitate the processing of the petition. Citizens of the Philippines who are presently residing or domiciled in foreign countries may file their petition. as the case may be. Section 3. may not change her family name at will. Such unjustified changes in one's name and identity in a passport. with the nearest Philippine Consulates. CHILD WHO IS A SUBSEQUENT Since petitioners marriage to her husband subsists. (4) "Civil Register" refers to the various registry books and related certificates and documents kept in the archives of the local civil registry offices. Thus. however. undue confusion and inconsistency in the records of passport holders will arise. time and effort to appear in person before the local civil registrar keeping the documents to be corrected or changed. to give him/her aid and protection.

Implementing Rules and Regulations. Repealing Clause . The city or municipal civil registrar or the consul general shall act on the petition and shall render a decision not later than five (5) working days after the completion of the posting and/or publication requirement. . upon conviction. Section 7.000. Section 10. In addition. if the offender is a government official or employee he shall suffer the penalties provided under civil service laws.00) but not more than One Hundred Thousand pesos (P100.000. The petitioner shall state the particular erroneous entry or entries. Retroactivity Clause. The petition shall be supported with the following documents: (1) A certified true machine copy of the certificate or of the page of the registry book containing the entry or entries sought to be corrected or changed.(1) The petitioner finds the first name or nickname to be ridiculous. within ten (10) working days from receipt of the decision granting a petition. the petition shall likewise be supported with the documents mentioned in the immediately preceding paragraph. Duties and Powers of the Civil Registrar General. . be penalized by imprisonment of not less than six (6) years but not more than twelve (12) years. Where the petition is denied by the city or municipal civil registrar or the consul general.This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation.This Act shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code and other laws. – The civil registrar general shall.If any portion or provision of this Act is declared void or unconstitutional. If the civil registrar general fails to exercise his power to impugn the decision of the city or municipal civil registrar or of the consul general within the period prescribed herein. The petitioner may seek reconsideration with the civil registrar general or file the appropriate petition with the proper court. or both. AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR FATHER. Section 6. the petition shall be published at least once a week for two (2) consecutive weeks in a newspaper of general circulation. Separability Clause. or a fine of not less than Ten thousand pesos (P10. Section 14.The civil registrar general shall. The civil registrar general shall immediately notify the city or municipal civil registrar or the consul general of the action taken on the decision. Section 11. Penalty Clause. subscribed and sworn to before any person authorized by the law to administer oaths. rules and regulations.00). decrees. – The city or municipal civil registrar or the consul general to whom the petition is presented shall examine the petition and its supporting documents. He shall post the petition in a conspicuous place provided for that purpose for ten (10) consecutive days after he finds the petition and its supporting documents sufficient in form and substance. and third copy to the petitioner. the Office of the Supreme Court Administrator. 9255 Section 8. Payment of Fees. Section 13. (2) The correction of an entry or entries in the civil register is substantial or controversial as it affects the civil status of a person. Form and Contents of the Petition.All laws. the city or municipal civil registrar or the consul general shall notify the petitioner of such action. He shall transmit a copy of his decision together with the records of the proceedings to the Office of the Civil Registrar General within five (5) working days from the date of the decision. . (2) The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that by that first name or nickname in the community: or (3) The change will avoid confusion. An indigent petitioner shall be exempt from the payment of the said fee. – The city or municipal civil registrar or the consul general shall be authorized to collect reasonable fees as a condition for accepting the petition. the remaining portions or provisions thereof shall not be affected by such declaration. – The petition shall be in the form of an affidavit. Section 12. or the consul general. AMENDING FOR THE PURPOSE . . orders. issue the necessary rules and regulations for the effective implementation of this Act not later than three (3) months from the effectivity of this law. or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. other issuances. Effectivity Clause. the Department of Foreign Affairs.A person who violates any of the provisions of this Act shall. Duties of the City or Municipal Civil Registrar or the Consul General. Republic Act No. in consultation with the Department of Justice. The affidavit shall set forth facts necessary to establish the merits of the petition and shall show affirmatively that the petitioner is competent to testify to the matters stated. the University of the Philippines Law Center and the Philippine Association of Civil Registrars. Section 9. The petition and its supporting papers shall be filed in three (3) copies to be distributed as follows: first copy to the concerned city or municipal civil registrar. at the discretion of the court. (2) At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based. the petitioner may either appeal the decision to the civil registrar general or file the appropriate petition with the proper court. Section 5. such decision shall become final and executory. In addition. second copy to the Office of the Civil Registrar General. rules and regulations. or (3) The basis used in changing the first name or nickname of a person does not fall under Section 4. and (3) Other documents which the petitioner or the city or municipal civil registrar or the consul general may consider relevant and necessary for the approval of the petition. Upon receipt of the notice thereof. the petitioner shall submit a certification from the appropriate law enforcement agencies that he has no pending case or no criminal record. exercise the power to impugn such decision by way of an objection based on the following grounds: (1) The error is not clerical or typographical. Furthermore. tainted with dishonor or extremely difficult to write or pronounce. . which are sought to be corrected and/or the change sought to be made. In case of change of first name or nickname.

– All laws. age (refers to the correction on the year of birth). 2. the petition may be filed with the C/MCR of the place where the petitioner is residing or domiciled. transcribing or typing an entry in the civil register on the entry of day and month in the date of birth or the sex of the person.2. guardians. or public health offices. health institutions. or any of his/her children.3. 3. – This Act shall take effect fifteen (15) days from its publication in the Official Gazette or in two (2) newspapers of general circulation. Authority to Correct Clerical or Typographical Error The duly appointed C/MCR in accordance with the provisions of the existing laws. Provided. 10172 amended Sections 1. sisters. Illegitimate children shall use the surname and shall be under the parental authority of their mother. For correction of a clerical or typographical error in sex: The petitioner affected by such error shall personally file the petition with the civil registry office where the birth certificate is registered. Repealing Clause. Provided. the day and month in the date of birth or sex of a person where it is patently clear that there was a clerical or typographical error or mistake in the entry. and shall be entitled to support in conformity with this Code. Medical Certification – Refers to the certification issued by the accredited government physician attesting to the fact that the petitioner/document owner has not undergone sex change or sex transplant. Rule 4. proclamations. 209.2.4. parents. For correction of clerical and typographical error in the entry of the day and/or month in the date of birth. When the petitioner has migrated to another place within the Philippines and it is not practical for such party. the petition may be filed on his/her behalf by his/her spouse. guardian. Section 1 of this Amendatory Law provides. grandparents. 2. SECTION 3. the following terms shall mean: 2. brothers. including the Consul General. however. the petition may be filed with the C/MCR of the place of residence following the procedures of migrant petition. are hereby authorized to correct clerical or typographical errors in the day and month (date of birth) or sex of a person in the civil register for birth. as the case may be. except for clerical or typographical errors and change of first name or nickname.” IMPLEMENTING RULES AND REGULATIONS Rule 1. 9048. which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Any person whose birth record was registered in the Philippines.Refers to a mistake committed in the performance of clerical work in writing. Republic Act No. or when an admission in a public document or private handwritten instrument is made by the father. sisters. OTHERWISE KNOWN AS THE "FAMILY CODE OF THE PHILIPPINES" SECTION 1. the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. Who may file the petition. time and effort to appear before the C/MCR of the place of birth. and can be corrected or changed only by reference to other existing record or records: Provided. 2. that no correction must involve the change of nationality. Rule 3. presidential decrees. that when a person is a minor or physically or mentally incapacitated. or persons duly authorized by law. or the owner's spouse. 209. which is visible to the eyes or obvious to the understanding. 10172 Republic Act No. Accredited Government Physician – Refers to a licensed doctor of medicine who is registered with the Professional Regulations Commission (PRC) and is employed in any government hospitals. or in any Philippine Consulate. Effectivity Clause. Any person whose birth record was reported abroad and presently residing in the Philippines. grandparents. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child." SECTION 2. illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register.1. Sex – Refers to the biological and physiological characteristics that define men and women. brothers. otherwise known as the Family Code of the Philippines. 5 and 8 of Republic Act No. executive orders. or any other person duly authorized by law or by the owner of the document sought to be corrected.1. Clerical or typographical error . Definition of Terms As used in these rules. where the birth record containing the day and/or month in the date of birth to be corrected is registered. 2. 2. which can be corrected or changed by the concerned city or municipal civil registrar (C/MCR) or consul general in accordance with the provisions of this Act and its implementing rules and regulations. having direct and personal interest in the correction of a clerical or typographical error in the day and/or month in the date of birth of a person in the civil register for birth. may file the petition. However. For correction of entry on the day and/or month in the date of birth: Any person of legal age. but who is presently residing or . is hereby amended to read as follows: "Article 176. Day and Month of Birth – Refers to the entry in the month and/or day of birth of the petitioner/document owner which is sought to be corrected. in terms of transportation expenses. 3. children. however. parents. or legitimacy status of the petitioner/document owner. A person is considered to have direct and personal interest when he is the owner of the record.1. Article 176 of Executive Order No. Rule 2. copying. The verified petition may be filed with the C/MCR of the city or municipality or the Philippine Consulate.ARTICLE 176 OF EXECUTIVE ORDER NO.5. Where to file the petition 4. “No entry in a civil register shall be changed or corrected without a judicial order. rules and regulations.

Prior to ratification by the local legislative body. Duties of the C/MCR This Order shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code and other laws. with the C/MCR of the city or municipality or the Philippine Consulate. Medical records. or a friend. Form and content of the petition Insofar as applicable.00) for petition to correct the day and/or month in the date of birth or sex. the petitioner/document owner shall pay only the amount of P3. all fees collected in connection with this Order shall go to the LCRO trust fund. Separability clause If any portion or provision of this Order is declared void or unconstitutional.5. where the record containing the entry of sex in the birth certificate to be corrected is registered. For correction of clerical and typographical error in the entry of sex The verified petition shall be filed. Rule 6. What is absence? It is the SPECIAL STATUS of a person who has left his domicile.2. Rule 13. Insofar as applicable. dollars ($150. Posting and publication of the petition. 6. Rule 7. Authority to collect filing and other fees The C/MCR is hereby authorized to collect from every petitioner three thousand pesos (P3. the remaining portions or provisions thereof shall not be affected by such declaration. National Bureau of Investigation.A.6.A. 1. civil or criminal case. if employed. his whereabouts being unknown. 4.4. at the instance of an interested party. Rule 12. there shall be a service fee of one thousand pesos (P1. Insofar as applicable. Employer. it being uncertain whether he is already dead or alive. which shall be obtained from the following: 6.00 corresponding to the fee under R. that the fees prescribed therein shall be uniform in all cities and municipalities in the country. Rule 9.2.3. Effectivity clause. Retroactivity clause .000. In case of correction of sex. 10172. 9048. with a petition for correction of clerical error under R. Series of 2001. Rule 5. provided. A clearance or a certification that the owner of the document has no pending administrative. Rule 10.2. Series of 2001 shall be observed. the following shall be submitted: 6. All circulars. and without leaving an agent to administer his property. and thereafter his whereabouts and fate are unknown.4. 6. Repealing clause. however. Rule 5 of Administrative Order No. In addition.4. Series of 2001 shall be observed. 6. as the case may be. Rule 10 of Administrative Order No.000. the petition shall be supported with a medical certification issued by an accredited government physician that the petitioner has not undergone sex change or sex transplant. 1. Processing of the petition Insofar as applicable. Earliest school record or earliest school documents. rules and regulations or parts thereof inconsistent with the provisions of this Order are hereby repealed or modified accordingly. and 6. This same rule shall be observed when under similar circumstances the power conferred by the absentee has expired. This Order shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two newspapers of general circulation. TITLE XIV ABSENCE Chapter 1 Provisional Measures in Case of Absence Article 381.000. Rule 8 of Administrative Order No. Series of 2001 shall be observed. An indigent petitioner shall be exempt from paying the required payment.00) to be collected by the PRCR.S. 6. shall be observed. THREE KINDS OF ABSENCE Rule 11. When a petitioner/document owner files petition for correction of clerical error under R. In addition.00) or its equivalent value in local currency for the correction of clerical or typographical error is required. The petition for the correction of sex and day and/or month in the date of birth shall include the affidavit of publication from the publisher and a copy of the newspaper clipping. and the same document is involved. may appoint a person to represent him in all that may be necessary. or no criminal record. Duties and powers of the CRG Insofar as applicable. The local legislative body shall ratify the fees herein prescribed upon effectivity of this Order. Rule 8. the judge. a filing fee of one hundred fifty U. a relative. All fees collected by the C/MCR or the consul general pursuant to this Law shall accrue to the funds of the Local Civil Registry Office concerned or the Office of the Consul General for modernization of the office and hiring of new personnel and procurement of supplies. In the case of a petition filed with the CG. In the case of a migrant petition.1.domiciled in a foreign country. When a person disappears from his domicile. 1.1. in person.3. subject to government accounting and auditing rules. Philippine National Police. Series of 2001 shall be observed. Baptismal certificate and other documents issued by religious authorities. provided that the petition is supported by a certification from the City/Municipal Social Welfare Office that the petitioner/document owner is indigent. 10172. simultaneously.A. 1. 1. Rule 14. as supporting documents to the petition. Rule 9 of Administrative Order No. and 6. the C/MCR shall issue a certification on the authenticity of the certification issued by the accredited government physician certifying that the petitioner/document owner has not undergone sex change or sex transplant.4. and in all Philippine Consulates. Rule 11 of Administrative Order No. memoranda. may file the petition with the nearest Philippine Consulate. 6.

2. but such authority shall only be granted after hearing. on receiving a fair and just dividend of the estate and effects. that anyone is suspected of having embezzled. goods. or if the spouse present is a minor. and he shall appear for and represent his ward in all actions and special proceedings. by the rules concerning guardians. 5. Sec. and annually after such appointment an inventory and account. goods. In the settlement of the account. Absence that authorizes the taking of provisional measures prescribed in Art 381-383. succession. shall be allowed the amount of his reasonable expenses incurred in the execution of his trust and also such compensation for his services as the court deems just. depending on w/n he left a person in charge of the administration of his property. DUTIES OF THE JUDGE  Safeguard the rights and interests of the absentee  Specify the limits of the powers. a guardian must present his account to the court for settlement and allowance. the court upon proper petition may appoint a person to provisionally represent him. – Upon complaint of the guardian or ward. collect debts. and make such orders as will secure the estate against such embezzlement. And whenever any property of the ward not included in an inventory already rendered is discovered. All the estate of the ward described in the first inventory shall be appraised. Estate to be managed frugally. – A guardian must manage the estate of his ward frugally and without waste.1. Guardian may be authorized to join in partition proceedings after hearing. 2. and demand. To declare a person an absentee. Sec. according to the circumstances. Guardian to pay debts of ward. then out of his real estate upon obtaining an order for the sale or encumbrance thereof. Inventories and accounts of guardians. compound for the same and give discharges to the debtor. or acquisition. the court may cite the suspected person to appear for examination touching such money. if not. the rendition of any of which may be compelled upon the application of an interested person. 6. If the absentee has no property. 7. or acquired by the ward. with the approval of the court. When guardian’s accounts presented for settlement. respectively. Upon the expiration of a year from the time of his appointment. and no court other than that in which such guardian was appointed shall have jurisdiction over the guardianship. the spouse present shall be preferred when there is no legal separation. or conveyed away any money. or instrument. Such inventories and accounts shall be sworn to by the guardian. – Every guardian must pay the ward’s just debts out of his personal estate and the income of his real estate. unless another person be appointed for that purpose. Proceedings when person suspected of embezzling or concealing property of ward. 4. sue for. The appointment referred to in the preceding article having been made. or of any person having actual or prospective interest in the estate of the ward as creditor. following the rules concerning guardians under Rule 107 of the Rules of Court GENERAL POWERS AND DUTIES OF GUARDIANS UNDER RULE 96 Sec. or succeeded to. the guardian. so far as may be necessary. concealed. interest. and appear in actions for ward. Article 382. upon being authorized by order so to do. The guardian of the estate of a nonresident shall have the management of all the estate of the ward within the Philippines. there must be a specific purpose. or the management of the estate only. like proceedings shall be had for securing an inventory and appraisement thereof within three (3) months after such discovery. To what guardianship shall extend. Civil Code Absence for 7 years which creates the presumption of death in accordance with Art 390-392 If a person disappears without appointing an agent to administer his property and his whereabouts are unknown. if there be any. Article 383. and if such income and profits be insufficient for that purpose. If the absentee left no spouse. there is no need for the appointment of a representative.a person takes over the management of the property or business of an absentee. 3. ART 2144 of the Civil Code shall govern. Sec. . obligations and remuneration of his representative. belonging to the ward or his estate. upon such notice to relatives of the ward as the court may direct. to the comfortable and suitable maintenance of the ward and his family. any competent person may be appointed by the court. if sufficient. and a careful investigation as to the necessity and propriety of the proposed action. – A guardian appointed shall have the care and custody of the person of his ward. Sec. the judge shall take the necessary measures to safeguard the rights and interests of the absentee and shall specify the powers. Civil Code Absence which may be declared after the lapse of two to five years since receipt of the last news from the absentee. In the appointment of a representative. the guardian may sell or encumber the real estate. and receive all debts due him. regulating them. Said person is called an OFFICIOUS MANAGER and his duties and liabilities are provided in Art 2145-2152 of the Civil Code. or a written instrument. not exceeding fifteen per centum of the net income of the ward. – The court may authorize the guardian to join in an assent to a partition of real or personal estate held by the ward jointly or in common with others. And the purpose is to take care of or administer the property of the absentee. If without being appointed by a court as administrator or without authority from the absentee. 1. and appraisement of estates. and as often thereafter as may be required. Sec. or otherwise. concealment or conveyance. Sec. as the case may be. and proceeds applied to maintenance of ward. In the appraisement the court may request the assistance of one or more of the inheritance tax appraisers. Sec. or interest. – A guardian must settle all accounts of his ward. – A guardian must render to the court an inventory of the estate of his ward within three (3) months after his appointment. and the management of his estate. Guardian to settle accounts. – Expenses and compensation allowed. and apply the income and profits thereon. and apply so much of the proceeds as may be necessary to such maintenance. 8. in accordance with Art 384-389. other than a parent. 3. heir. obligations and remuneration of the representative  Regulate these matters to circumstances. or may.

even if the marital bond is not dissolved. in a newspaper of general circulation in the province or city where the absentee resides. Section 4. and (d) Those who have over the property of the absentee some right subordinated to the condition of his death. notice and publication thereof. Section 8. In these cases the trustee or administrator shall cease in the performance of his office. five years absence will justify the absentee’s judicial declaration. (c) The names and residences of creditors and others who may have any adverse interest over the property of the absentee. and without having left an agent to administer his property. Who may be appointed. location and character of the property belonging to the absentee. Art 384 provides for two situationsa) Absentee appointed no administrator to administer his and b) Absentee appointed an administrator to administer his property. and serve a copy thereof on the petitioner and other interested parties on or before the date designated for the hearing. If the absentee left no spouse. and the property shall be placed at the disposal of whose may have a right thereto. the court shall issue an order granting the same and appointing the representative. — At the hearing. — When a person disappears from his domicile. must show the following: (a) The jurisdictional facts. who may present an authentic copy of the same. — In the appointment of a representative. the declaration of his absence and appointment of a trustee or administrative may be applied for by any of the following: (a) The spouse present. Time of hearing. Proof at hearing. his absence may be declared. (d) The probable value. property. and of the relatives who would succeed by the law of intestacy. at least ten (10) days before the day of the hearing. In case of declaration of absence. Section 7. the petition shall be filed in the Juvenile and Domestic Relations Court. — Anyone appearing to contest the petition shall state in writing his grounds therefor. as the court shall deem best. 2 years absence without any news about the absentee or since the receipt of the last news will be enough for his judicial declaration as an absentee. for the appointment of a person to represent him provisionally in all that may be necessary. creditors and other interested persons. relative or friend may petition the Court of First Instance of the place where the absentee resided before his dis-appearance. Opposition. Two years having elapsed without any news about the absentee or since the receipt of the last news. — When a petition for the appointment of a representative. any competent person may be appointed. (c) The relatives who would succeed by the law of intestacy. The judge shall take the necessary measures to safeguard the rights and interests of the absentee and shall specify the powers. his whereabouts being unknown. who may petition. or the power conferred upon the agent has expired. (b) The names. the spouse present shall be preferred when there is no legal separation. order. ages. trustee or administrator for the absentee. For the first situation. Contents of petition. and shall be published once a week for three (3) consecutive weeks prior to the time designated for the hearing. In case of declaration of absence. is filed. and residences of the heirs instituted in the will. Section 2. the trustee or administrator of the absentee's property shall be appointed in accordance with the preceding paragraph. obligations and remuneration of his representative. — The petition for the appointment of a representative. Section 3. The article speaks of judicial declaration of absence unlike Art 381. Copies of the notice of the time and place fixed for the hearing shall be served upon the known heirs. — After the lapse of two (2) years from his disappearance and without any news about the absentee or since the receipt of the last news. (c) When a third person appears. compliance with the provisions of section 4 of this rule must first be shown. and 383 which presupposes only a presumption of absence. Chapter 2 Declaration of Absence Article 384. If the absentee has NO SPOUSE. legatees. 382. Section 6.If the spouses are LEGALLY SEPARATED. devisees. Appointment of representative. regulating them by the rules concerning guardians. any interested party. trustee or administrator. the preference does not apply. Declaration of absence. showing by a proper document that he has acquired the absentee's property by purchase or other title. Upon satisfactory proof of the allegations in the petition. copy of which shall be presented. For the second situation. the court shall fix a date and place for the hearing thereof where all concerned may appear to contest the petition. the same shall not take effect until six (6) months after its publication in a newspaper of general circulation designated by the court and in the Official Gazette. and five years in case the absentee has left a person in charge of the administration of his property. (b) When the death of the absentee is proved and his testate or intestate heirs appear. or for the declaration of absence and the appointment of a trustee or administrator. (b) The heirs instituted in a will. or if the spouse present is a minor or otherwise incompetent. — The trusteeship or administration of the property of the absentee shall cease upon order of the court in any of the following cases: (a) When the absentee appears personally or by means of an agent. . In the City of Manila. or of five (5) years in case the absentee has left a person in charge of the administration of his property. Section 5. any competent person may be appointed by the court. Termination of administration. RULE 107 ABSENTEES Section 1. or for the declaration of absence and the appointment of a trustee or an administrator.

or the investment of the same as the circumstances may require. showing by a proper document that he has acquired the absentee's property by purchase or other title. and security where a part of the payment is deferred as in the discretion of the court are deemed most beneficial to the ward. not from receipt of the news. require an additional bond as a condition for the granting of the order of sale. The prohibition equally applies to the husband if he is appointed administrator of wife’s property. without prejudice to the rights of brothers and sisters. Article 385. par 2) The will need not be probated. The absence under Art 390 is due to ordinary circumstances. subject to such conditions as to the time and manner of payment. without a sale being had. with bona fide subscription list of paying subscribers and not devoted to the interest/ published for the entertainment of a particular class. This article refers to the exclusive property of the husband. if deemed expedient. the administrator may dispose of or encumber the property of the absentee. The administration shall cease in any of the following cases: (1) When the absentee appears personally or by means of an agent. profession. Sec. There is no need for judicial proceedings unlike the presumption of death under Art 41 of the FC. (2) The heirs instituted in a will.If there are NO NEWS about the disappearance of the absentee. (3) The relatives who may succeed by the law of intestacy. who may present an authentic copy of the same. 4 Rule 95 of the Rules of Court provides for the procedure of alienation or encumbrance: Section 4. The appointment as an administrator under Art 388 is based on the absence of the other spouse. or for the putting of the same interest. causes why the sale or encumbrance is necessary or beneficial. The presumption of death under this article is created by law. the absentee need not be the spouse of the person present. If THERE ARE NEWS. or some portion of it. The spouse present is preferred as long as he or she is not legally separated from the absentee. and may direct that estate ordered sold be disposed of at either public or private sale. Chapter 3 Administration of the Property of the Absentee In Art 41 of the FC. Article 388. The original bond of the guardian shall stand as security for the proper appropriation of the proceeds of the sale. The order shall specify the Article 390.made within the court’s jurisdiction. religious denomination. Bond. INTESTATE HEIRS OF A DECEASED UNDER THE CC  Legitimate children and their legitimate descendants  Legitimate parents and other legitimate ascendants  Illegitimate children and their descendants  Surviving spouse. after full examination. After an absence of seven years. The transfer of administration under the FC is not due to absence but other reasons. After compliance with the required publication and the lapse of 6 months. Article 387. Article 389. No order of sale granted in pursuance of this section shall continue in force more than one (1) year after granting the same. the period shall be counted FROM THE TIME OF DISAPPEARANCE REFERRED TO IN THE NEWS. except for those of succession. General Circulation. Chapter 4 Presumption of Death With judicial authorization. — If. (3) When a third person appears. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. it appears that it is necessary. In these cases the administrator shall cease in the performance of his office. nephews and nieces should there be any  Collateral relatives up to the fifth degree of relationship Article 386. (2) When the death of the absentee is proved and his testate or intestate heirs appear. or the education of the ward. to sell or encumber the estate. If he disappeared after the age of seventy-five years. the court shall order such sale or encumbrance and that the proceeds thereof be expended for the maintenance of the ward and his family. . It is only after 6 months following the publication when the judicial declaration takes effect. the absent person is the spouse of the one seeking his or her declaration as presumptively dead. The following may ask for the declaration of absence: (1) The spouse present. (4) Those who may have over the property of the absentee some right subordinated to the condition of his death. etc. an absence of five years shall be sufficient in order that his succession may be opened. Heirs who are instituted in a will are required to present an authentic copy of the will (Art 385. Contents of order for sale or encumbrance. or would be beneficial to the ward. or that of the conjugal partnership. without judicial authority. published at regular intervals. The judicial declaration of absence shall not take effect until six months after its publication in a newspaper of general circulation. but the judge may. The wife who is appointed as an administratrix of the husband's property cannot alienate or encumber the husband's property. and the property shall be at the disposal of those who may have a right thereto. An administrator of the absentee's property shall be appointed in accordance with article 383. In Art 390 CC. the period shall be counted from the DATE OF SUCH DISAPPEARANCE. the court must still issue an order declaring the effectivity of the declaration of absence. it being unknown whether or not the absentee still lives. if a minor. and how long effective. he shall be presumed dead for all purposes.

Absentee may get back the ownership of his property from the heirs to whom the same had been distributed in the condition it is found at the time. including the division of the estate among the heirs: (1) A person on board a vessel lost during a sea voyage. if property is real. he shall recover his property in the condition in which it may be found. Number of years of Absence Art 390 At least 7 years Art 391 At least 4 years. The present spouse can remarry under the conditions set forth in the Article without being guilty of bigamy. VESSEL AND AIRPLANE. ARMED FORCES. Absentee may not recover the fruits or rents received by the heir or recipient who had possessed the property in the interregnum in good faith. if any property had been alienated by the heir or recipient. If the absentee appears. the absentee is barred from recovering the same. The word sea refers to oceans. The heirs became owners not by succession but by way of ACQUISITIVE PRESCRIPTION. The claimant of a right 2. Art 390 and Art 41 are NOT incompatible. The following shall be presumed dead for all purposes. Personality of absentee 5. who has not been heard of for four years since the loss of the vessel or aeroplane. If the heirs of recipients have been holding the property in good faith in the concept of owners. Chapter 5 Effect of Absence Upon the Contingent Rights of the Absentee Article 393. The date of presumption of death begins from the date of occurrence of the incident upon which the presumption is based. Example are: volcanic eruptions. but he cannot claim either fruits or rents. Opening the succession of the absentee Who makes the presumption Need not be a spouse of the one invoking the PD Absence of at least 10 years is required unless the absentee is 75 yrs old at the time of disappearance. The disappearance must be DURING MILITARY OPERATION or armed hostilities. The 4 year period should be reckoned from the conclusion of peace or the end of the war or operations in the area of battle. The disappearance under this article is not under normal conditions. The persons covered are NOT ONLY soldiers and officers of the armed forces but ALL PERSONS EMPLOYED or engaged by the said military agency of the Government. The law speaks of the loss of a vessel duriing a sea voyage. The creditor or owner or possessor of the right . and without interruption for a period of 10 years. Article 392. or an aeroplane which is missing. There are three parties involved: 1. There must be NO TRACE of the whereabouts of the vessel. or without appearing his existence is proved. (3) A person who has been in danger of death under other circumstances and his existence has not been known for four years.Basis 1. the article is NOT APPLICABLE. and have continuously possessed the same publicly. OTHER DANGEROUS CIRCUMSTANCES. all military operations not just during war. If the heirs or recipients are in bad faith. in which case 5 yrs will be enough The law itself Absentee is the spouse of the one seeking declaration of PD Not a basis for opening the succession of the absent spouse The court before which the case is filed The 7 yr absence will be reckoned from the date referred to by last news concerning the absentee and not from the actual receipt of the news. Loss means the vessel or airplane cannot be located. unlike under Art 41 of the FC. if property is real. the absentee could recover the price paid or the property exchanged therefor or acquired therewith. or 4 years if personal. etc. The death of the person shall be considered to have taken place on the day of the danger. 8 years if personal. landslides. There are serious and dangerous incidents attending the disappearance of the absentee. There is no need to file a proceeding in court. adversely. and the price of any property that may have been alienated or the property acquired therewith. (2) A person in the armed forces who has taken part in war. count from the day of disappearance. Article 391. earthquakes. If a vessel was not lost but merely destroyed by fire or washed ashore. IF there are no news. Character of absence in the mind of the present spouse Not certain w/n absentee is alive There is a well founded belief absentee is dead 3. and has been missing for four years. Whoever claims a right pertaining to a person whose existence is not recognized must prove that he was living at the time his existence was necessary in order to acquire said right. Death is presumed to have taken place on the last day of the 7 year period. Purpose of presumption Good for all purposes EXCEPT succession Purpose of remarriage of the spouse present 4. their continuous possession must not be less than 30 years. They have their own separate areas of applicability. or 2 years if absence is due to any of the circumstances under Art 391 CC 2.

The debtor who does not recognize the existence or capacity of the creditor owner or possessor of the right An absentee is presumed alive before the presumption of his death is declared. (15) voluntary emancipation of a minor. upon the opening of a succession to which an absentee is called. They shall all. It is the duty of the Clerk of Court to see to it that decrees. TITLE XVI If an absentee is an heir to the inheritance of somebody who died. Article 409. These rights shall not be extinguished. make an inventory of the property. events and judicial decrees concerning the civil status of persons shall be recorded in the civil register. there is still a need to prove that he was alive before the declaration of his presumptive death. the Local Civil Registrar is devoid of authority to record the paternity of an illegitimate child upon the information of a third person. Civil Status. When the absentee appears or his existence is established. The register of deeds must inscribe on the title covering the property the circumstance that the property is subject to the conditions of Art 395. (9) acknowledgments of natural children. is duly recorded in the appropriate Civil Register. . Where the existence of the absentee must be proved to validate the claim. the heirs of the absentee or his representatives shall have the burden of proof to establish that the absentee is alive. as the case may be. it shall be the duty of the clerk of the court which issued the decree to ascertain whether the same has been registered. or other conditions. CIVIL REGISTER Article 407. the registrar shall not enter the document in the civil register. also protects the personality of persons by keeping in order the documents evidencing their birth. unless he has heirs. Those who received that part of inheritance due to the absentee and who appropriated he fruits or income thereof are not bound to return or reimburse the same. his representatives or successors in interest. in the same breath. (3) deaths. he could not inherit UNLESS HE HAS HEIRS OF HIS OWN who could represent him in the inheritance. or while his representatives or successors in interest do not bring the proper actions. keeps records involving properties and thus protects rights and ownerships over properties. Article 396. In cases of legal separation. When there is no showing that the putative father had a hand in the preparation of the birth certificate. the registrars “shall file REGISTRABLE certificates and documents presented to them for entry” (Section 12 (a). his share shall accrue to his coheirs. The Registry of Deeds is the counterpart of the Civil Register and provides for the methodical system of registration of properties. Delayed registration of marriage is allowed provided all the necessary documents are available. (13) civil interdiction. (5) annulments of marriage. (4) legal separations. under the article. ACTS THAT SHALL BE RECORDED IN THE LCR  Legitimation  Acknowledgment of illegitimate children EVENTS THAT SHALL BE RECORDED IN THE LCR  Birth  Marriage  Death  Judicial decrees  Naturalization  Change of name These record are PUBLIC DOCUMENTS and are prima facie evidence of the facts contained therein.3. ACT No. Acts. Article 395. The burden of proof is on the part of the claimant. nation and his family membership. The Civil Register. (6) judgments declaring marriages void from the beginning. the heirs or recipients must cease from taking the fruits and income of the property due to absence. The provisions of the preceding article are understood to be without prejudice to the action of petition for inheritance or other rights which are vested in the absentee. naturalization and other judicial orders mentioned in the preceding article. or a representative. But the moment the absentee appears. (8) adoptions. and (16) changes of name. his share shall accrue by accretion to his co heirs. (2) marriages. However. (7) legitimations. judgments ordered by the Court. Article 408. (11) loss. Whoever gets the share of the absentee shall make an inventory thereof to meet future contingencies. adoption. Article 394.this is the term used to designate the circumstances affecting the legal situation of a person in view of his age. he could recover what is due to him UNLESS in the meantime acquisitive prescription had already set in against him. or (12) recovery of citizenship. assigns. The following shall be entered in the civil register: (1) Births. Under the Civil Registry Law. 3753) If it is not registrable under Sec 10-12 of the law. If he had no heirs. Those who may have entered upon the inheritance shall appropriate the fruits received in good faith so long as the absentee does not appear. (10) naturalization. marriage. to send a copy of said decree to the civil registry of the city or municipality where the court is functioning. and if this has not been done. Without prejudice to the provision of the preceding article. (14) judicial determination of filiation.

The books of the Civil Register are public documents and are prima facie evidence of the facts contained therein. FAILURE TO REPORT Section 17. who did not sign thereon. PUNISHABLE. For substantial errors. Every civil registrar shall be civilly responsible for any unauthorized alteration made in any civil register. or any person authorized by him. KINDS OF ERROR OR MISTAKE a.The records of a person's birth shall be kept strictly confidential and no information relating thereto shall be issued except on the request of any of the following: (1) The person himself. or to give therein any information by which such father could be identified. and any person convicted of having violated any of the provisions of this Act shall be punished by a fine of not less than ten pesos nor more than two hundred. without a judicial order. to any person suffering damage thereby. – Any person who shall knowingly make false statement in the forms furnished and shall present the same for entry in the civil register. it shall not be permissible to state or reveal in the document the name of the father who refuses to acknowledge the child.grave and involve matters of importance such as citizenship and civil status persons of RULE 108 of the Rules of Court is the applicable procedure in changing or correcting entries. A certificate of live birth is not conclusive evidence of the birth of a child. the nearest of kin. Failure to report. One having opposing parties. Evidence may be offered to show the inaccuracy in the entries in the Civil Register. his parent or parents. WHO MUST BE MADE PARTIES TO MAKE THE PROCEEDINGS ADVERSARY  The Civil Registrar  All persons who have claim/interest which would be affected Any unauthorized alteration in the records of the Civil Register may constitute the crime of falsification under Art. Any person violating the prohibition shall suffer the penalty of imprisonment of at least two months or a fine in an amount not exceeding five hundred pesos. MAKING FALSE STATEMENTS. Registration and Certification of Birth. registrar is also liable for damages to the person injured or damaged by the alteration UNLESS he can prove that he has taken every reasonable precaution to prevent the unlawful alteration. the birth certificate shall be signed and sworn to jointly by the parents of the infant or only the mother if the father refuses. Clerical or Harmless. – Other violations. The Upon filing of the petition. LIMITATIONS UNDER PD 603 (Child and Youth Welfare Code) Art. the record of birth is not a prima facie evidence against the alleged father.Article 410. 7. The books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained. However. Rule 108 is no longer a summary proceeding. in the discretion of the court. or the guardian or institution legally incharge of him if he is a minor. – xxx In case of an illegitimate child. or both. (2) His spouse. This could be ordered deleted by the court upon proper petition.these are visible to the eyes or obvious to understanding. the proceedings under Rule 108 are summary. his direct descendants. 3753. The mother can reveal the identity of the father only in court. or by a fine of not less than two hundred pesos nor more than five hundred or both. Substantial or Controversial Errors. and afforded the latter an opportunity to contest it. – Any person whose duty is to report any fact concerning the civil status of persons and who knowingly fails to perform such duty. (3) The court or proper public official whenever absolutely necessary in administrative. and (4) In case of the person's death. No entry in a civil register shall be changed or corrected. contested. False statement. It is considered APPROPRIATE PROCEEDINGS if all the requirements of the Rule are satisfied. Article 412. It is disputable evidence. In the latter case. Article 411. it becomes the DUTY OF THE COURT TO: . the civil registrar may exempt himself from such liability if he proves that he has taken every reasonable precaution to prevent the unlawful alteration. mistake in copying or writing b. 171 of the RPC. in the discretion of the court. REGISTRATION OF ILLEGITIMATE CHILDREN Section 5. as distinguished from an ex parte application. Non-disclosure of Birth Records. What is meant by APPROPRIATE ADVERSARY PROCEEDING? When the birth certificate of an illegitimate child shows the name of the father. shall be punished by imprisonment for not less than one month nor more than six months. These books are open to the public as provided in Sec 13 of Act No. Corrections are made on the margins of the records and not by the cancellation or erasure. . When the errors to be corrected are mere clerical errors. Section 16. one of which the party seeking relief has given legal warning to the other party. A false or erroneous entry may be corrected. judicial or other official proceedings to determine the identity of the child's parents or other circumstances surrounding his birth.

Issue on the change of first name Held: No. The CA reversed the decision of the RTC. the Director of the Bureau of Census and Statistics shall be the Civil Registrar-General with the duty to enforce the provisions of the Act. Silverio was born a male hence it was just but right that the entry written in his birth certificate is that he is a male. a petition for certiorari was filed by the OSG before the CA. The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that first name or nickname in the community. Considering that there is no law legally recognizing sex reassignment. he merely alleged gender re-assignment as the basis. so that he can marry his American fiancé. Under the law. Hence. He filed the petition before the Manila RTC. among others. Not with the courts because there is no law to support it. 2. Jennifer Cagandahan grew up with secondary male characteristics. The RTC ruled that it should be granted based on equity.” REPUBLIC V CAGANDAHAN Facts: Jennifer Cagandahan filed before the Regional Trial Court Branch 33 of Siniloan. The petitioner finds the first name or nickname to be ridiculous. or 3. Thailand. It will allow the union of a man with another man who has undergone sex reassignment (a male-to-female post-operative transsexual). He’s a biological male who feels trapped in a male body. The sex of a person is determined at birth. it cannot be granted still because the ground upon which it is based (gender re-assignment) is not one of those provided for by the law. certain felonies under the Revised Penal Code and the presumption of survivorship in case of calamities under Rule 131 of the Rules of Court. Even assuming that the petition filed properly. SILVERIO V REPUBLIC Facts: Rommel Jacinto Dantes Silverio is a male transsexual. he filed a petition for the change of his first name (from Rommel to Mely) and his sex (male to female) in his birth certificate. WHO ARE ENTITLED TO OPPOSE THE PETITION  The Civil Registrar  All persons who have claim/interest which would be affected Issue: W/N the entries pertaining to sex and first name in the birth certificate may be changed on the ground of gender re-assignment Article 413. But what about equity. in 2002. Cagandahan .1. the petition of Silverio insofar as his first name is concerned is procedurally infirm. But the SC emphasized: “If the legislature intends to confer on a person who has undergone sex reassignment the privilege to change his name and sex to conform with his reassigned sex. The RTC granted Silverio’s petition. Issue on the change of sex No. that Silverio’s misfortune to be trapped in a man’s body is not his own doing and should not be in any way taken against him. Second. Cagandahan to Jeff Cagandahan and her gender from female to male. it has to enact legislation laying down the guidelines in turn governing the conferment of that privilege. These laws underscore the public policy in relation to women which could be substantially affected if Silverio’s petition were to be granted. if not attended by error. Laguna a Petition for Correction of Entries in Birth Certificate of her name from Jennifer B. as ruled by the RTC? The Civil Registry Law Act No. among others. visually done by the birth attendant (the physician or midwife) by examining the genitals of the infant. that there was no opposition to his petition (even the OSG did not make any basis for opposition at this point). that no harm. To grant the changes sought by Silverio will substantially reconfigure and greatly alter the laws on marriage and family relations. there are various laws which apply particularly to women such as the provisions of the Labor Code on employment of women. granting the petition would bring the In 2001. a change of name may only be grounded on the following: 1. he sought gender re-assignment in Bangkok. This entry cannot be changed either via a petition before the regular courts or a petition for the local civil registry. Thereafter. is immutable. 3753 is the special law which established the Civil Register. Issue an order fixing the time and place for the hearing of the petition. Being that. The change will avoid confusion. The procedure was successful – he (she) now has a female body. All other matters pertaining to the registration of civil status shall be governed by special laws. This law provides that it should be the local civil registrar that has jurisdiction in petitions for the change of first names and not the regular courts. Under the law. He wanted to make these changes. To further her petition. Unfortunately. Cause the order for hearing to be published once a week for 3 consecutive weeks in a newspaper of general circulation in the province much-awaited happiness on the part of Silverio and [her] fiancé and the realization of their dreams. injury or prejudice will be caused to anybody or the community in granting the petition. tainted with dishonor or extremely difficult to write or pronounce. Later. Republic Act 9048 (AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVILREGISTER WITHOUT NEED OF A JUDICIAL ORDER) was passed. Silverio did not allege any of the above. 2. And not with the civil registry because there is no clerical error involved. According to the SC. It appearing that Jennifer Cagandahan is suffering from Congenital Adrenal Hyperplasia which is a rare medical condition where afflicted persons possess both male and female characteristics. The Supreme Court ruled that the change of such entries finds no support in existing legislation. this amounts to judicial legislation. the determination of a person’s sex made at the time of his or her birth. On the contrary.

The following shall be entered in the civil register: Held: The contention of the Office of the Solicitor General that the petition is fatally defective because it failed to implead the local civil registrar as well as all persons who have or claim any interest therein is not without merit. Respondent is the one who has to live with his intersex anatomy. the Supreme Court affirmed as valid and justified the respondent’s position and his personal judgment of being a male. and/or secondary sex characteristics are determined to be neither exclusively male nor female. Acts. there is no basis for a change in the birth certificate entry for gender. 407. (9) acknowledgments of natural children. 412. It is said that an organism with intersex may have biological characteristics of both male and female sexes. events and judicial decrees concerning the civil status of persons shall be recorded in the civil register. Desirous to marry another woman he now loved. her female organs did not develop normally. 9048. (15) voluntary emancipation of a minor. the Supreme Court held that the determination of a person’s sex appearing in his birth certificate is a legal issue which in this case should be dealt with utmost care in view of the delicate facts present in this case. That is. He was married to the respondent but was shocked of the infidelity on the part of his wife. He went back to Canada and filed a petition for divorce and was granted. the Supreme Court ruled that there is substantial compliance of the provisions of Rules 103 and 108 of the Rules of Court. who. The current state of Philippine statutes apparently compels that a person be classified either as a male or as a female. CORPUZ V STO. ART. like respondent. Under Rep. The correction or change of such matters can now be made through administrative proceedings and without the need for a judicial order. (7) legitimations. the order to publish on December 16. having reached the age of majority. The entries envisaged in Article 412 of the Civil Code and correctable under Rule 108 of the Rules of Court are those provided in Articles 407 and 408 of the Civil Code: ART. orders or processes in the course of the proceedings. Act No. and (16) changes of name. Rep. In determining respondent to be a female. In the absence of evidence that respondent is an “incompetent” and in the absence of evidence to show that classifying respondent as a male will harm other members of society who are equally entitled to protection under the law. Together with Article 376of the Civil Code. with good reason thinks of his/her sex. Sexual development in cases of intersex persons makes the gender classification at birth inconclusive. No entry in a civil register shall be changed or corrected without a judicial order. (5) annulments of marriage. Article 412 of the Civil Code provides: ART. like respondent. the Supreme Court brings forth the need to elaborate the term “intersexuality” which is the condition or let us say a disorder that respondent is undergoing.presented in court the medical certificate evidencing that she is suffering from Congenital Adrenal Hyperplasia which certificate is issued by Dr. explained that “Cagandahan genetically is female but because her body secretes male hormones. The determination of a persons sex appearing in his birth certificate is a legal issue and the court must look to the statutes. It is the state of a living thing of a gonochoristic species whose sex chromosomes. he registered the divorce decree in the Civil Registry Office and was informed that the . (3) deaths. but this Court is not controlled by mere appearances when nature itself fundamentally negates such rigid classification. (11) loss. is fixed. In the instant case. Act No. this provision was amended by Republic Act No. It is at maturity that the gender of such persons. The acts. The Court will not consider respondent as having erred in not choosing to undergo treatment in order to become or remain as a female. It is a substantial change for which the applicable procedure is Rule 108 of the Rules of Court. (14) judicial determination of filiation. to him should belong the primordial choice of what courses of action to take along the path of his sexual development and maturation. INTERSEXUALITY applies to human beings who cannot be classified as either male or female. In view of the foregoing. as society commonly currently knows this gender of the human species. a correction in the civil registry involving the change of sex is not a mere clerical or typographical error. events or factual errors contemplated under Article 407 of the Civil Code include even those that occur after birth. Rule 108 now applies only to substantial changes and corrections in entries in the civil register. 9048 in so far as clerical or typographical errors are involved. In effect. genitalia. in addition. In this connection. 408. Furthermore. (10) naturalization. Michael Sionzon of the Department of Psychiatry. (6) judgments declaring marriages void from the beginning. (4) legal separations. 9048 removed from the ambit of Rule 108 of the Rules of Court the (1) Births. To him belongs the human right to the pursuit of happiness and of health. In deciding the case. It must be stressed that private respondent furnished the local civil registrar a copy of the petition. Neither will the Court force respondent to undergo treatment and to take medication in order to fit the mold of a female. Issue: W/N the ruling of the lower court on the change of sex or gender and name of the respondent is valid correction of such errors. 2003 and all pleadings. The Supreme Court held that where the person is biologically or naturally intersex the determining factor in his gender classification would be what the individual. TOMAS Facts: Petitioner was a former Filipino citizen who acquired Canadian citizenship through naturalization. University of the Philippines-Philippine General Hospital. (8) adoptions.” The lower court decided in her favor but the Office of the Solicitor General appealed before the Supreme Court invoking that the same was a violation of Rules 103 and 108 of the Rules of Court because the said petition did not implead the local civil registrar. the highest tribunal of the land consider the compassionate calls for recognition of the various degrees of intersex as variations which should not be subject to outright denial. Thus. In which case. (2) marriages. Philippine courts must render judgment based on law and the evidence presented. thus has organs of both male and female. or (12) recovery of citizenship. (13) civil interdiction. there is no denying that evidence points that respondent is male.

authorizing the cancellation or correction. affecting a person’s legal capacity and status that must be recorded. fraud. Moreover.to prove that Gangan in fact contracted 2 marriages. Evidently. We hasten to point out. Article 407 of the Civil Code states that "[a]cts. Rule 108 of the Rules of Court sets in detail the jurisdictional and procedural requirements that must be complied with before a judgment. or clear mistake of law or fact. for the cancellation of entries in the civil registry. may be annotated in the civil registry. allowed the registration of the decree. In the context of the present case. that this ruling should not be construed as requiring two separate proceedings for the registration of a foreign divorce decree in the civil registry – one for recognition of the foreign decree and another specifically for cancellation of the entry under Rule 108 of the Rules of Court. without judicial order. RTC denied the motion for reconsideration filed by the Petitioner Petitioner contends that the documentary evidence he presented are public documents which are considered to be selfauthenticating and thus it was unnecessary to call the NSO . can be registered in the civil registry. among others." A judgment of divorce is a judicial decree. Thus. While the law requires the entry of the divorce decree in the civil registry. The recognition of the foreign divorce decree may be made in a Rule 108 proceeding itself. nonetheless. events and judicial decrees concerning the civil status of persons shall be recorded in the civil register.foreign decree must first be judicially recognized by a competent Philippine court. A petition for recognition of a foreign judgment is not the proper proceeding." The law requires the entry in the civil registry of judicial decrees that produce legal consequences touching upon a person’s legal capacity and status. and that the time and place for hearing must be published in a newspaper of general circulation. that the civil registrar and all persons who have or claim any interest must be made parties to the proceedings. collusion. 4. no judicial order as yet exists recognizing the foreign divorce decree. the registration of the foreign divorce decree without the requisite judicial recognition is patently void and cannot produce any legal effect. the Pasig City Civil Registry Office acted totally out of turn and without authority of law when it annotated the Canadian divorce decree on Gerbert and Daisylyn’s marriage certificate. RTC ruled that there was insufficient evidence to prove private respondent’s prior existing valid marriage to another man because it was only petitioner who testified about said marriage and his testimony is unreliable because he has no personal knowledge of Gangan’s prior marriage nor of Arambulo’s death which makes him a complete stranger to the marriage certificate between Gangan and Arambulo and the latter’s death certificate.to prove the death (4) Certiification of NSO to the effect that there are 2 entries of marriage recorded by the office pertaining to private respondent . more or less permanent in nature. i. dissolving a marriage. or his being married or not. we cannot consider the petition Gerbert filed with the RTC as one filed under Rule 108 of the Rules of Court. As these basic jurisdictional requirements have not been met in the present case. Petitioner’s testimony about the NSO certification is likewise unreliable since he is stranger to the preparation of said document. IWASAWA V GANGAN Facts: Petitioner Iwasawa filed a petition for the declaration of his marriage to private respondent Gangan as null and void on the ground that their marriage is a bigamous one based on Article 35(4) of the Family Code. Article 412 of the Civil Code declares that "no entry in a civil register shall be changed or corrected. series of 1982. 181. It also requires. The law should be read in relation with the requirement of a judicial recognition of the foreign judgment before it can be given res judicata effect. The RTC denied the petition on the basis that the petitioner lacked locus standi. Rule 108 of the Rules of Court can serve as the appropriate adversarial proceeding41 by which the applicability of the foreign judgment can be measured and tested in terms of jurisdictional infirmities. that the verified petition must be filed with the RTC of the province where the corresponding civil registry is located. as the object of special proceedings (such as that in Rule 108 of the Rules of Court) is precisely to establish the status or right of a party or a particular fact. first one was to Raymond Arambulo and the 2nd to Iwasawa OSG admitted authenticity and due execution of the documentary exhibits. series of 198237 – both of which required a final order from a competent Philippine court before a foreign judgment.. but it. however. those affecting "all his personal qualities and relations. Petitioner presented the following evidences from NSO: (1) Certificate of Marriage of petitioner and private respondent to prove that Iwasawa and Gangan were married (2) Certificate of Marriage of private respondent and her first husband (Raymond Arambulo) (3) Certificate of Death of Raymond Arambulo . We consider the recording to be legally improper. Iwasawa only found out that his wife was previously married when she explained that her first husband just died and it’s the reason why she’s feeling depressed. Petitioner filed for judicial recognition of foreign divorce and declaration of marriage as dissolved with the RTC where respondent failed to submit any response. not ordinarily terminable at his own will.e. as it cited NSO Circular No. the law and the submission of the decree by themselves do not ipso facto authorize the decree’s registration. contemplated under the Rules of Court. the Pasig City Civil Registry Office was aware of the requirement of a court recognition. want of notice to the party.36 and Department of Justice Opinion No. For being contrary to law. on the strength alone of the foreign decree presented by Gerbert." The Rules of Court supplements Article 412 of the Civil Code by specifically providing for a special remedial proceeding by which entries in the civil registry may be judicially canceled or corrected. such as his being legitimate or illegitimate. Issue: W/N the recording of the Pasig Civil Registry of the divorce decree based on the mere presentation of the decree is proper Held. although a foreign one.

RTC denied the motion for reconsideration contending the ff:   It had jurisdiction to take cognizance of cases for correction of entries even on substantial errors under Rule 108 Considering that private respondent’s identity was used by an unknown person to contract marriage with a Korean national. It was established that. whom she gave her personal circumstances in order for her to obtain a passport Petitioner presented as witness Eufrocina Natinga. Marinay. it would not be feasible for respondent to institute an action for declaration of nullity of marriage since it is not one of the void marriages under Article 35 and 36 of the FC. Issue: W/N the testimony of the NSO records custodian certifying the authenticity and due execution of the public documents issued by said office is necessary before the documents could be accorded evidentiary weight Held: RTC erred when it disregarded said document on the sole ground that the petitioner did not present the records custodian of the NSO. She presented evidences and testimonies to strengthen her claim. hence null and void. REPUBLIC V OLAYBAR Facts: Petitioner Linda Olaybar requested from the NSO a Certificate of No Marriage as one of the requirements for her marriage with her boyfriend of 5 years. RA 3753. The trial prosecutor admitted the authenticity of said documents .Records Custodian. She then sought the cancellation of entries in the wife portion of the marriage certificate. an employee of MTCC. 410 of the Civil Code . Art. Olaybar avers that she did not enter into a marriage with Yu Son Sune. Branch 1 who confirmed that the marriage of Yu Son Sune was indeed celebrated in their office. Judicial declaration of nullity is required before a valid subsequent marriage. Arambulo died and that it was only on said date that private respondent’s marriage with Arambulo was deemed to have been dissolved e. Respondent did not seek the nullification of her marriage as there was no marriage to speak of. She discovered that she was married to a certain Yu Son Sune. There was no judicial declaration of nullity of the marriage with private respondent with Arambulo at the time she married Iwasawa d. The trial court did not in any way declare the marriage void as there was no marriage to speak of. She impleaded the LCR of Cebu City and her alleged husband in her petition. The facts stated therein remain rebutted since neither Gangan nor the public prosecutor presented evidence to the contrary.books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts stated therein. and the Civil Code elaborated on the character of of documents arising from records and entries made by the civil register and categorically declared them as public documents. As the Court ruled in Fujiki vs. Issue: W/N the cancellation of entries in the marriage contract which in effect. As public documents they are admissible as evidence without further proof of the due execution. Law on Registry of Civil Status. Olaybar complied with all the procedural rules of under Rule 108. a Korean National. Documentary exhibits taken together concretely establish the nullity of the marriage of petitioner to private respondent on the ground that their marriage is bigamous. in effect. Rule 108 . it is a bigamous marriage which is void from the beginning. Otherwise.The books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts contained therein. Granting the cancellation of all the entries in the wife portion of the alleged marriage contract is. There is no need for the NSO custodian or officer to testify. Art. The 2nd marriage of private respondent to petitioner is bigamous. no such marriage was celebrated. The documentary evidence presented by Iwasawa were all public documents and therefore prima facie evidence of the facts stated therein. Private respondent married Arambulo b. The OSG moved for reconsideration on the grounds that: 1. There was no clerical spelling. typographical and other innocuous errors in the marriage contract for it to fall within the provisions of Rule 108 of Rules of Court 2.provides the procedure for cancellation or correction of entries in the civil registry . declaring the marriage void ab initio. Rule 108 cannot be availed of to determine the validity of marriage. The documents directly prove that: a.may either be summary or adversary Summary = clerical . Public documents have probative value since they are prima facie evidence of the facts stated therein. but the correction of the record of such marriage to reflect the truth set forth by the evidence. nullifies the marriage may be undertaken in a Rule 108 proceeding Held: Petition denied. She testified on her behalf and deied the marriage on the ff grounds:  She couldn’t be present as she was working in Makati as a medical distributor in Hansao Pharma  She recognized the named witnesses to the marriage as she had met them when she worked as a receptionist in Tadels Pension House  She believes that her name was used by a certain Johnny Singh who owned a travel agency. She only found out that she was married upon her request for a Certificate of No Marriage from the NSO. She filed a Petition for Cancellation of Entries in the Marriage Contract. but claimed that the wife present at that time was not private respondent. They deserve to be given evidentiary weight. The OSG submits that the findings of RTC are not in accord with law and established jurisprudence. 410 . The RTC granted the petition. A document examiner also testified that the signature appearing in the marriage contract was forged. Private respondent married Iwasawa c.

with the true facts established and the parties aggrieved by the error availing themselves of the appropriate adversarial proceeding Section 1. — Any person interested in any act. Section 3.even substantial errors in a civil registry may be corrected through a petition filed under Rule 108. TITLE X FUNERALS . or from the last date of publication of such notice. (n) voluntary emancipation of a minor. RULE 108 Cancellation Or Correction Of Entries In The Civil Registry Section 6. loss or recovery of citizenship. — Upon good and valid grounds. the civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceeding.not a summary proceeding per se . (f) judgments declaring marriages void from the beginning. Expediting proceedings. Valencia . (d) legal separations. In either case. by an order. — The civil registrar and any person having or claiming any interest under the entry whose cancellation or correction is sought may.requires publication . and cause reasonable notice thereof to be given to the persons named in the petition. file his opposition thereto. event. Parties. the court shall. (h) adoptions. (g) legitimations. (i) acknowledgments of natural children. and (o) changes of name. (m) judicial determination of filiation. — When cancellation or correction of an entry in the civil register is sought. Notice and publication.mandates inclusion as parties of all persons who may claim interest . — The court in which the proceeding is brought may make orders expediting the proceedings. Section 4. the court may either dismiss the petition or issue an order granting the cancellation or correction prayed for. Section 2. The court shall also cause the order to be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province. Who may file petition. Section 5. a certified copy of the judgment shall be served upon the civil registrar concerned who shall annotated the same in his record. Opposition. Section 7. (l) civil interdiction. the following entries in the civil register may be cancelled or corrected: (a) births: (b) marriage. and may also grant preliminary injunction for the preservation of the rights of the parties pending such proceedings.Adversary= substantial . and where the evidence has been thoroughly weighed and Considered . order or decree concerning the civil status of persons which has been recorded in the civil register. with the Court of First Instance of the province where the corresponding civil registry is located. where opposing counsel have been given opportunity to demolish the opposite party’s case. may file a verified petition for the cancellation or correction of any entry relating thereto. fix the time and place for the hearing of the same. Order.requires civil registrar and any person in interest to file their opposition RP vs. — Upon the filing of the petition. — After hearing. (k) election. (c) deaths. within fifteen (15) days from notice of the petition.where the trial court has conducted proceedings where all relevant facts have been fully and properly developed. (e) judgments of annulments of marriage. Entries subject to cancellation or correction. (j) naturalization.

under article 294. Libel may be committed against a dead person. 4.Article 305. and shall be chargeable to the conjugal partnership property. No unembalmed body shall remain unburied longer than 48 hrs after death. practice or agreement destructive of the family shall be recognized or given effect. or any act. 3. if he had no relatives. nor shall any person be permitted to attend the funeral except adult members of the immediate family. or of a vice or defect. omission. after consulting the other members of the family. Article 308. Art. . Any person who shows disrespect to the dead. the burial shall be determined by:  Religious beliefs  Affiliations  Relatives or relatives subject to consultation with the other members of the family LIMITATIONS ON THE EXPRESSED WISHES OF THE DECEASED. without the knowledge of those relatives who were obliged to give support to the deceased. or of brothers and sisters. good customs and good morals. Article 309. his religious beliefs or affiliation shall determine the funeral rites. Every dead person is entitled to a decent burial. the body of the dead person shall not be taken to any place of public assembly. shall devolve upon the municipal authorities. No dead body shall be buried without a death certificate except in cases of emergency. interred. 199 of the Family Code) shall be followed. It is also a family right. 1. The spouse The descendants in the nearest degree Tje ascendants in the nearest degree The brothers and sisters WHEN RELATIVES ARE OF SAME DEGREE. The duty and the right to make arrangements for the funeral of a relative shall be in accordance with the order established for support. The order of preference is as follows: Article 307. the paternal side shall have a better right. status or circumstance tending to cause the dishonor. SURGICAL OR SCIENTIFIC PURPOSES. not exceeding four. should the latter claim reimbursement. The wishes or instructions shall not be contrary to law. If the cause of death is any dangerous communicable disease or epidemic. material and moral. or to blacken the memory of one who is dead. said relatives shall reimburse the third person. The brothers and sisters of the deceased are preferred over the common law wife. 2. The family. his nearest friends. The duty to bury a dead person. or contempt of a natural or juridical person. family relations are governed by law and no custom. The Revised Administrative Code provides for some limitations on funeral wishes--- A corpse is a quasi-property right. In case they are ascendants. The construction of a tombstone or mausoleum shall be deemed a part of the funeral expenses. 2. the oldest shall be preferred. being the foundation of the nation. Every funeral shall be in keeping with the social position of the deceased. In case the surviving relatives are descendants of the same degree. Consequently. the oldest among them shall be preferred. is a basic social institution which public policy cherishes and protects. When the funeral expenses are borne by a third person. UNDER CERTAIN CONDITIONS. or if there are but without means to defray the funeral expenses. or wrongfully interferes with a funeral shall be liable to the family of the deceased for damages. No human remains shall be retained. 4. — A libel is a public and malicious imputation of a crime. The funeral shall be in accordance with the expressed wishes of the deceased. In case of ascendants. discredit. 149. In the absence of such expression. TITLE V THE FAMILY Chapter 1: The Family As An Institution Art. except when required for purposes of legal investigation or when specially authorized by local health officers. or of brothers and sisters. condition. the form of the funeral shall be decided upon by the person obliged to make arrangements for the same. if the deceased is one of the spouses. The making of arrangements for the burial of a deceased person is both a DUTY and a RIGHT of those who stand as relatives to the deceased. The relatives in burying the deceased shall observe prudence in keeping with the social and financial standing of the deceased. the order of preference provided in the grant of support (Art. 353 Definition of libel. 5. As the deceased may have several relatives. Burial is prohibited in unauthorized places. Article 306. In case of doubt. In case of descendants of the same degree. disposed of or exhumed without the consent of the persons mentioned in articles 294 and 305. the paternal shall have a better right. No expressed wishes. The body of a person who died of any dangerous communicable disease shall not be carried from place to place except for purposes of burial or cremation. The term spouse as used in the civil code contemplates a LAWFULLY WEDDED spouse UNLESS the contrary is provided. 1. Article 310. real or imaginary. 3. RA 349 AN ACT TO LEGALIZE THE PERMISSIONS TO USE HUMAN ORGANS OR ANY PORTION OR PORTIONS OF THE HUMAN BODY FOR MEDICAL.

even though living abroad. (Art 2. 17. made it appear that he signed the contract of mortgage. there is no need to allege that earnest efforts were exerted towards a compromise. HIYAS SAVINGS V ACUNA Relative to this are the provisions in the NCC-Art. Laws relating to family rights and duties. Par. for their object. 150. their acts or property. Civil status of persons 2. and (4) Among brothers and sisters. that his wife. This rules shall not apply to cases which may not be the subject of compromise under the Civil Code. but that the same have failed. the RTC agrees with plaintiff that earnest efforts towards a compromise is not required before the filing of the instant case considering that the above-entitled case involves parties who are strangers to the family. Once a stranger becomes a [arty to a suit involving family members. nor did he sign or execute any contract of mortgage in its favor. (11a) Art. Any ground for legal separation 4. public policy and good customs shall not be rendered ineffective by laws or judgments promulgated. This article is not applicable in settlement of estate which is a special proceeding. Accordingly. 15. for that will be a useless exercise. Prohibitive laws concerning persons. These matters are: 1. 151. wills. Petitioner contends that since the complaint does not contain any fact or averment that earnest efforts toward a compromise had been made prior to its institution. If it is shown that no such efforts were in fact made. Art. This is a condition precedent to the existence of a cause of action. the solemnities established by Philippine laws shall be observed in their execution. Future Support 5. (9a) Art.The article is in line with the policy of the State expressed in the 1987 Constitution-The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. (2) Between parents and children. In case of illegitimate relationship. a stranger is also a party. Sec 12) The State recognizes the Filipino family as the foundation of the nation. The article must be construed strictly being an exception to the general rule. The forms and solemnities of contracts. that he could not have executed the said contract because he was then working abroad. Failure to allege this will result in the dismissal of the case for lack of condition precedent. Family relations include those: (1) Between husband and wife. and other public instruments shall be governed by the laws of the country in which they are executed. The complaint may be attacked in any stage of the case. who were the ones that benefited from the loan. no longer makes it a condition precedent that earnest efforts be made towards a compromise before the action can prosper. Inc. his wife Remedios. 1) The article gives the extent of legitimate family relationship for procedural matters involving suits between members of the same family. Future Legitime If in a suit between members of the same family. The relationship is based on CONSANGUINITY except that o husband and wife which is based on MARRIAGE. Jurisdiction of Courts 6. acting in conspiracy with Hiyas and the spouses Owe. Validity of a marriage or legal separation 3. condition and legal capacity of persons are binding upon citizens of the Philippines. 1 cannot be applied to illegitimate relationship of a man and a woman without marriage. the same case must be dismissed. (Art 15. (3) Among other ascendants and descendants. or to the status. and those which have. there is no need to allege earnest efforts at compromise.blood. the spouses Felipe and Maria Owe and the Register of Deeds of Caloocan City for cancellation of mortgage contending that he did not secure any loan from petitioner. the law Facts: Alberto Moreno (private respondent) filed a complaint against Hiyas Savings and Loan Bank. However. in matters not allowed by law to be compromised. The enumeration is not for succession. public order. it shall strengthen its solidarity and actively promote its total development. Petitioner filed a Motion to Dismiss on the ground that private respondent failed to comply with Article 151. whether of the full or half. then the complaint should be dismissed for lack of cause of action. No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made. Sec. or by determinations or conventions agreed upon in a foreign country. (petitioner). The article must be construed strictly. When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country. Issue: W/N earnest efforts toward a compromise is not a ground for a motion to dismiss in suits between husband and wife when other parties who are strangers to the family are involved in the suit . Private respondent argues that since three of the party-defendants are not members of his family the ground relied upon by Hiyas in its Motion to Dismiss is inapplicable and unavailable. the article (paragraph 2-4) may be applied insofar as applicable.

debts secured on mortgages on the premises before/after such constitution and others. who became family homes ONLY by operation of law under Art. there must be actual occupancy with the intention of dedicating the premises for such purpose. 152.” heirs. it will cease to be a family home. (3) For debts secured by mortgages on the premises before or after such constitution. 153. the court held that “it is neither practical nor fair that the determination of the rights of a stranger to the family who just happened to have innocently acquired some kind of interest in any right or property disputed among its members should be made to depend on the way the latter would settle their differences among themselves. Family homes who incurred debts prior to the effectivity of the Family Code. there is no need to constitute the conjugal home judicially or extrajudicially as required in the Civil Code. it is therefore. the family home continues to be such and is exempt from execution.Held: In the case of Magbaleta. Chapter 2: The Family Home Art. 1988 by operation of law and not on the date they were occupied. 155. which must refrain with the person constituting it and his If the property is utilized primarily for business as a merchandise store or as a hotel for the public. CONSTITUTION OF FAMILY HOME. MODEQUILLO V BREVA Facts: The sheriff levied on a parcel of residential land located at . its nature as family home is NOT changed. forced sale or attachment except: (1) For nonpayment of taxes. or special circumstance that would make the ruling in Magbaleta as well as in the abovementioned cases inapplicable to suits involving a husband and his wife. as in the present case. Petitioner makes much of the fact that the present case involves a husband and his wife while Magbaleta is a case between brothers. The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. However. Thus. The family home. and c) free from attachment. those residential houses already existing before the effectivity of the Family Code (which qualify as family homes under the Code) became family homes on August 3. mechanics. This article is applicable not only to valid marriages but also to common law spouses living under the circumstances set forth under Articles 147-148. Article 153 is NOT RETROACTIVE. constituted over the dwelling place and the land on which it is situated. Prior to August 3.which confers upon a particular family the right to enjoy such properties. Article 151 of the Family Code apply to suits involving "members of the same family" as contemplated under Article 150 of the Family Code Petition denied. EXISTENCE OF FAMILY HOME. It is exempt from:  Execution  Forced sale  Attachment EXCEPTION. 1988. Art. and the land on which it is situated. From the time of its constitution and so long as any of its beneficiaries actually resides therein. If it is abandoned. unique. the law no longer makes it a condition precedent that earnest efforts be made towards a compromise before the action can prosper. But if a SMALL portion of it is used for business purposes to augment the income of the family. Existing credits against them which were incurred BEFORE the effectivity of the code cannot be EXEMPTION OF THE FAMILY HOME. the Court finds no specific. 153 are NOT exempt from execution for indebtedness. 155 such as for non payment of taxes. The family home shall be exempt from execution. The rule on exemption is NOT ABSOLUTE. However. Persons Who Can Establish the Family Home  The spouse jointly  Unmarried head of a family (A widower falls under the last category) Hence. forced sale or attachment except as hereinafter provided and to the extent of the value allowed by law. architects. builders. It cannot be seized by creditors except in certain cases. Art. impaired. the procedure mandated by the Civil Code had to be followed for a home to be constituted as a family home before it could benefit from the protective mantle of the law. a family home. If the family actually resides in the premises. once a stranger becomes a party to a suit involving members of the same family. Under the Family Code. constituted jointly by the husband and the wife or by an unmarried head of a family. the creditors should take the necessary precautions to protect their interest before extending credit to the spouses or head of the family who owns the home. A family home shall continue to exist as such so long as any bona fide beneficiary resides therein. A house built on a rented land cannot be made a family home because the house and lot must be owned BY THE PERSON WHO CONSTITUTES IT. or its purpose converted from residential to commercial. materialmen and others who have rendered service or furnished material for the construction of the building. To constitute it. is the dwelling house where they and their family reside. General Rule: the family home is a real right which is a) gratuitous b) inalienable. (2) For debts incurred prior to the constitution of the family home. and (4) For debts due to laborers. It is subject to the exceptions enumerated in Art. it cannot be regarded as a family home even if the family home stays there for the purpose of attending to the business.

They also did not occupy the said property. petitioners alleged family home. TANEO. Apparently. two of petitioner's properties were levied to satisfy the judgment amount :one was a parcel of land and the other was the family home. BENEFICIARIES. They were the awardees in the cadastral proceedings of Lot No. As it turned out. Moreover. Facts: As a result of a judgment in Civil Case No. Held: The contention of petitioner that it should be considered a family home from the time it was occupied by petitioner and his family in 1969 is not well. 7777. Malalag. Plaintiff-appellants bought said real property from the heirs of Felix Odong. registered in the name of Jose Mondequillo and a parcel of agricultural land located at Dalagbong Bulacan. With regard to the agricultural land. 1988. Issue: CABANG V BASAY Facts: Deceased Felix Odong was the registered owner of Lot No. provided it was duly constituted as such. however. The court a quo disclosed its difficulty in resolving whether or not the houses may be subject of an order of execution it being a family home. on the other hand. A motion to quash was filed by the petitioner alleging that the residential land is where the family home is built since 1969 prior the commencement of this case and as such is exempt from execution. W/N the family home is exempt from execution Held: The trial court found that on March 7. ISSUE: W/N the subject property is deemed to be a family home. 1976 and the money judgment arising therefrom was rendered by the appellate court on January 29. V COURT OF APPEALS OCCUPANCY OF FAMILY HOME MUST BE ACTUAL. forced sale or attachment under Article 152 and 153 except for liabilities mentioned in Article 155 thereof. The money judgment against Pablo Taneo was rendered on January 24. and that the judgment sought to be enforced against the family home is not one of those enumerated. Thus. JR.000.Poblacion Malalag. If the owner of a residential dwelling resides abroad. The residential house in the present case became a family home by operation of law under Article 153. 7777. at that time when the debt was incurred. The subject properties were sold at public auction to the private respondent as the highest bidder. Issue: W/N the property is exempt from execution Held: There can be no question that a family home is generally exempt from execution. as constituted by their father is not exempt as it falls under the exception of Article 243(2). Article 162 does not state that the provisions of Chapter 2. are considered family homes and are prospectively entitled to the benefits accorded to a family home under the Family Code. Davao de Sur also registered in the latter’s name. erected on the land of Plutarco Vacalares. open. the family home was not yet constituted or even registered. This case does not fall under the exemptions from execution provided in the Family Code. Both preceded the effectivity of the Family Code on August 3. However. The trial court found that the house was erected not on the land which the Taneos owned but on the land of one Plutarco Vacalares.00 for the improvement of the lot in question was rejected by defendant-appellees. Clearly. Article 162 simply means that all existing family residences at the time of the effectivity of the Family Code. the constitution of a family home by Pablo Taneo in the instant case was merely an afterthought in order to escape execution of their property but to no avail. In-laws may be beneficiaries of a family home constituted JOINTLY by the husband and wife.taken. Title V have a retroactive effect. To forestall such conveyance. The debt or liability which was the basis of the judgment arose or was incurred at the time of the vehicular accident on March 16. the dwelling may cannot be considered a family home. In their complaint. The instrument constituting the family home was registered only on January 24. had been in continuous. Davao del Sur on July 1988. Pablo Taneo constituted the house in question. open and peaceful possession of the land including their family home which was extrajudicially constituted in accordance with law. 1988 and NOT on the date they were actually occupied by the concerned family. 7778 was used by the government as a public road and as there were many discrepancies in the areas occupied. TIME WHEN EXISTING RESIDENTIAL HOUSES BECAME FAMILY HOMES. 1964. 1966. During the hearing plaintiff-appellants’offer to pay P21. petitioners filed an action to declare the deed of conveyance void and to quiet title over the land with a prayer for a writ of preliminary injunction. 1964. it was alleged that they were in continuous. Is the family home of petitioner exempt from execution of the money judgment aforecited? No. Felix Odong and his heirs never occupied nor took possession of the lot. automatically became family homes (if possessed all the requisites).on the effectivity date of the Family Code on August 3. peaceful and adverse possession of the same parcel of land since 1956 up to the present. when the Municipality of Molave relocated the townsite lots in the area in 1992 as a big portion of Lot No. 7778. the constitution of the family home by Pablo Taneo is even doubtful considering that such constitution did not comply with the requirements of the law. 1988 which were not yet declared family homes before. as the family home. 1988. The Commissioner’s Report determined that at the time of ocular inspection. The property being a family home is exempt in execution. It is . there were three (3) residential buildings constructed on the property in litigation. They must live in the family home and dependent for support on the head of the family. 590 (For recovery of property) in favor of private respondent. Residential houses already existing before August 3.[13] it is understood that the house should be constructed on a land not belonging to another. it is alleged that it is still part of the public land and the transfer in his favor by the original possessor and applicant who was a member of a cultural minority. By the very definition of the law that the family home is the dwelling house where a person and his family resides and the land on which it is situated. it was then discovered that defendant-appellees were actually occupying Lot No. Defendant-appellees.

if the value of the currency changes after the adoption of this Code. Primary Beneficiaries  The husband and wife  Unmarried person as head of the family Other Beneficiaries  Parents  Ascendants Descendants (can be the descendants of either spouse from a previous marriage or other relationships. 55207. The same conclusion is reached if they are dependent for support but do not live in the family home. who are living in the family home and who depend upon the head of the family for legal support. However. Nevertheless. it can be established partly on community property. The beneficiaries of a family home are: (1) The husband and wife. It may also be constituted by an unmarried head of a family on his or her own property. brothers and sisters. Art. Thus. and two hundred thousand pesos in rural areas. 154. descendants. or conjugal property and partly on the exclusive property of either spouse with the consent of the latter. The right to exemption or forced sale under Article 153 of the FC is a personal privilege granted to the judgment debtor and as such. petitioners’ continued stay on the subject land is only by mere tolerance of respondents. it can be constituted only on his or her own property. or of the exclusive properties of either spouse with the latter's consent.R. (2) For debts incurred prior to the constitution of the family home. who are therefore the stepchildren or step grandchildren of the other. However.) Brothers and sisters (whether illegitimate or legitimate) Adopted children (not expressly mentioned but deemed included in the term descendants) It is necessary that the secondary beneficiaries are: a) living in the family home b) Are depending for legal support upon the head of the family Thus. urban areas are deemed to include chartered cities and municipalities whose annual income at least equals that legally required for chartered cities. it can be established partly on community property or conjugal property and partly on the exclusive property of either spouse with the consent of the latter. Art. the value most favorable for the constitution of a family home shall be the basis of evaluation. at the time of its constitution. The family home must be part of the properties of the absolute community or the conjugal partnership. 155. Art. mechanics. or such amounts as may hereafter be fixed by law. Art. The family home is not exempted in the following cases:  Payment of realty taxes  Debts incurred prior to the constituion of the family home  Foreclosure (if property is mortgaged to secure an indebtedness)  Debts due to laborers. The actual value of the family home shall not exceed. mechanics. the stark and immutable fact is that the property on which their alleged family home stands is owned by respondents and the question of ownership had been long laid to rest with the finality of the appellate court’s judgment in CA-G. . 157. and others who have rendered service or furnished material for the construction of the home (including repairs/improvements). property that is the subject of a conditional sale on installments where ownership is reserved by the vendor only to guarantee payment of the purchase price may be constituted as a family home.likewise a given that the family home must be constituted on property owned by the persons constituting it. the amount of the three hundred thousand pesos in urban areas. All others are deemed to be rural areas. and (2) Their parents. forced sale or attachment except: (1) For nonpayment of taxes. For purposes of this Article. where there is no communal or conjugal property existing. ascendants. materialmen and others who have rendered service or furnished material for the construction of the building.If constituted by an unmarried head of the family. and (4) For debts due to laborers. (3) For debts secured by mortgages on the premises before or after such constitution. A house and lot subject of a conditional sale on installments where ownership is reserved to the vendor until purchase price is fully paid may be constituted as a family home by actually residing therein and using it as a family residence. For all their arguments to the contrary. even if they live in the family home but are NO LONGER DEPENDENT for support upon the head of the family. builders.1avvphi1   If constituted by an unmarried head of a family. or (c) the exclusive property of either spouse with the consent of the other. Therein lies the fatal flaw in the postulate of petitioners. architects. architects. It cannot be established on property held in co-ownership with third persons. or an unmarried person who is the head of a family. 156. whether the relationship be legitimate or illegitimate. it must be claimed not by the sheriff but by the debtor himself before the sale of the property at public auction. The family home shall be exempt from execution. The family home must be established on the properties of: a) The absolute community b) The conjugal partnership c) Exclusive property of either spouse with the consent of the latter It cannot be held on a property held in co-ownership with third persons. CV No.  The family home must be established on the properties of (a) the absolute community. they ceased to be beneficiaries. In any event. or (b) the conjugal partnership. it can be constituted only on his or her own property.

we should not distinguish. As to the first requisite. alienated.000. 50. A new title for the said property was thereafter issued under the name of the wife and the two children as co-owners. especially his father. The surviving heirs extrajudicially settled his estate. and (2) Their parents. Under the NCC. However. donated. If it is in RURAL AREAS. minor beneficiaries must be actually living in the family home to avail of the benefits derived from Art. and the property ceases to be exempt from execution. assigned or encumbered by the owner or owners thereof with the written consent of the person constituting the same. the grandson cannot demand support from his paternal grandmother if he has parents who are capable of supporting him. ascendants. Art.. forced sale or attachment. if it is situated in URBAN AREAS. As to the second requisite. IN CASE OF ANNULMENT OR DECLARATION OF NULLITY OF THE MARRIAGE. and the heirs cannot partition the same unless the court finds compelling reasons therefor. Upon dissolution of the absolute community regime. or within 10 years from the death of the decedent. or an unmarried person who is the head of a family. Where the law does not distinguish. and only in their default is the obligation imposed on the grandparents.At tie time of its constitution. it must necessarily include the grandchildren and great grandchildren of the spouses who constitute a family home. with the devaluation of the peso. the transaction is VOID. IN CASE OF LEGAL SEPARATION. The family home may be sold. it must not be more than Php 200. 6) and 109 (par. Requisites for a minor to be entitled to benefits: 1) Relationship enumerated in Art 154 2) Actually living in the family home 3) Dependent for legal support upon the head of the family PATRICIO V DARIO III Facts: Marcelino died intestate and was survived by his wife and two children. the conjugal dwelling and the lot on which it is situated. hence. Art. The family home shall continue to subsist but it will be adjudicated in favor of the spouse with whom majority of the children chose to remain pursuant to the provisions of Articles 102 (par. alienated. the heirs cannot partition the same except when there are compelling reasons which will justify the partition. descendants.00 (The valuation was estimated in 1988) Today. as to the third requisite. 9) of the Family Code (Art. 102. the wife and one of the sons expressed their desire to partition the family home and terminate the co-ownership. Art. In the partition. the grandchild of the decedent. Issue: W/N the partition of the family home is proper where one of the co-owners refuse to accede to such a partition on the ground that a minor beneficiary still resides in the said home Held: To be a beneficiary of the family home. its actual value must NOT exceed Php 300. If the family home is alienated or encumbered without the written consent of the persons abovementioned. The length of its continued existence is dependent whether there is still a minor beneficiary living therein. donated. 159. After some time. The term 'descendants' contemplates all descendants of the person or persons who constituted the family home without distinction. the latter's spouse. hence. private respondent's minor son. the beneficiaries of the family home are: (1) The husband and wife. (2) they live in the family home. herein private respondent who is the head of his immediate family. assigned or encumbered BY THE OWNER or owners thereof subject to the following requirements: 1) written consent of the person who constituted the same. The son of private respondent and grandson of the decedent has been living in the family home since 1994.000. 159. In case of conflict. The liability for legal support falls primarily on his parents. he satisfies the second requisite. in the partition of the . 158. The family home shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of ten years or for as long as there is a minor beneficiary. The supposed minor beneficiary is oppositor's son. the family home WILL CONTINUE to exist as such subject to the provisions of Art. This rule shall apply regardless of whoever owns the property or constituted the family home. it will subsist until 10 years and within this period.5M in the RURAL AREAS will be fair. The family home shall continue to exist despite the death of one or both spouses or of the unmarried head of the family. If there is no minor beneficiary. the following procedure shall apply: (6) Unless otherwise agreed upon by the parties. Thus. shall be adjudicated in accordance with the provisions of Articles 102 and 129. 2) written consent of the other spouse (if constituted by only one of them) 3) written consent of the majority of the beneficiaries who are of legal age. The other son opposed the partition on the ground that the family home should remain despite the death of one or both the spouses as long as there is a minor beneficiary thereof. The family home may be sold. three requisites must concur: (1) they must be among the relationships enumerated in Art. One of the properties he left was the family home. 154 of the Family Code. it is submitted that Php 1M for the URBAN AREAS and Php. (Art 237) In the FC. Ubi lex non distinguit nec nos distinguire debemos. the family home shall be dissolved. and a majority of the beneficiaries of legal age. whether the relationship be legitimate or illegitimate. brothers and sisters. 159. 50). especially the father. the court shall decide. The law first imposes the obligation of legal support upon the shoulders of the parents. and (3) they are dependent for legal support upon the head of the family. Art. who is also the grandchild of the deceased satisfies the first requisite.

The article applies only if there is a concurrence of the following: 1. unless the court has decided otherwise. the family home is not exempted in the following cases:  Payment of realty taxes  Debts incurred prior to the constituion of the family home  Foreclosure (if property is mortgaged to secure an indebtedness)  Debts due to laborers. A person may constitute only one family home even if he becomes a widower or widow later and remarries. Natural filiation may be legitimate or illegitimate. by the owner or owners of the property. Children below the age of seven years are deemed to have chosen the mother. In case there is no such majority. The remainder will be applied to the satisfaction of the judgment and the costs. or be the beneficiary of.properties. The creditor can file a petition in the court which rendered the favorable judgment for an order directing the sale of the property. He obtained a favorable judgment against the owner or owners of the family home 3. he may apply to the court which rendered the judgment for an order directing the sale of the property under execution. The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable. and then to the liabilities under the judgment and the costs. taking into consideration the best interests of said children. After the bidding the proceeds shall be applied first to pay for the amount mentioned in Art. conjugal or exclusive parties of either spouse or on the property of the unmarried head of the TITLE VI PATERNITY AND FILILATION Chapter 1: Legitimate Children Art. Filiation. After hearing. 129. It can either be paternity or maternity. unless otherwise agreed upon by the parties. Upon the dissolution of the conjugal partnership regime. it clearly appears that there are preferred creditors whose claims are still unpaid and the value of the family home is just enough to cover them up. if any. Existing family residences shall be governed by the Family Code so long as they qualify as family homes. shall be delivered to the judgment debtor. if the court is satisfied. For purposes of availing of the benefits of a family home as provided for in this Chapter. the same rule and procedure shall apply. The proceeds shall be applied first to the amount mentioned in Article 157. Art.This is the civil status of the mother with respect to the child begotten by her. architects. 160. Art. 163. taking into consideration the best interests of said children. 156) The retroactivity of the Family Code to family residences will not affect the exceptions under Art. 157 of the FC.This is the civil status of the father with respect to the child begotten by him. If from the evidence presented. When a creditor whose claims is not among those mentioned in Article 155 obtains a judgment in his favor. No bid below the value allowed for family home will be entertained. shall be delivered to the judgment debtor. Maternity. The court shall so order if it finds that the actual value of the family home exceeds the maximum amount allowed by law as of the time of its constitution. And a person can only be a beneficiary of only one family home. the conjugal dwelling and the lot on which it is situated shall be adjudicated to the spouse with whom the majority of the common children choose to remain. 155 2. 162. 157)  They are constituted on communal. Paternity. the petition of the unpreferred creditors to sell the family home should outrightly be denied. If the increased actual value exceeds the maximum allowed in Article 157 and results from subsequent voluntary improvements introduced by the person or persons constituting the family home. The excess. the court shall decide. unless the court has decided otherwise. only one family home. and he has reasonable grounds to believe that the family home is actually worth more than the maximum amount fixed in Article 157. Creditor’s claim is not among those enumerated in art. At the execution sale. Children below the age of seven years are deemed to have chosen the mother. 1988 by operation of law provided--- They are actually occupied as residences by the family and the beneficiaries (Art 153 and 154)  The value does not exceed the limits provided by law (Art. Art. the property shall be sold on execution. no bid below the value allowed for a family home shall be considered. family (Art. He has valid proofs that the family home is worht more than the maximum value fixed under Article 157 at the time of its constitution or as a result of subsequent voluntary improvements. Thus. the court shall decide. the conjugal dwelling and the lot on which it is situated shall. Art. if any. mechanics. Residential houses whether or not previously constituted judicially or extrajudicially as family homes will be considered family homes as of August 3. 161. . a person may constitute. and others who have rendered service or furnished material for the construction of the home (including repairs/improvements) All existing family residences at the time of the the effectivity of the Family Code are considered family homes and are PROSPECTIVELY entitled to the benefits accorded to a family home under the FAMILY CODE. 155. The filiation of children may be by nature or by adoption.This is the civil status of the child in relation to his father or mother. be adjudicated to the spouse with whom the majority of the common children choose to remain. or by any of the beneficiaries. the following procedure shall apply: (9) In the partition of the properties. In case there in no such majority. The excess.

violence. These also include babies conceived through Gamete Intra-fallopian Tube Transfer (GIFT) STAUTS: Art. 164 par. The presumption of legitimacy may be overturned by the husband or his heirs by clear and convincing evidence in a case for impugnation under Art 166 of the Code. but without the consent of the husband. The law cannot be applied except only by analogy if only to solve questions of legitimacy or illegitimacy.if a) the insemination was performed upon the wife WITHOUT the authority of the spouses utilizing semen that not of the husband. the act is RATIFIED by the SPOUSES in a written instrument SIGNED AND EXECUTED BEFORE the birth of the child. The document shall be recorded in the     appropriate civil registry together with the birth certificate of the child ILLEGITIMATE. Art. Art. Mere lack of resemblance is not proof of illegitimacy but racial dissimilarity coupled with the woman’s adultery has been held to be sufficient proof of illegitimacy. 4) Adopted. by fiction of law.if a) the ovum of the wife is fertilized with the use of the sperm of THE HUSBAND b) if the ovum is fertilized with a donor’s sperm.if born NOT under any of the above-mentioned situations. There is no presumption of legitimacy if the insemination is not authorized. General Rule: Children conceived and born outside a valid marriage are illegitimate except when the Code provided otherwise.  LEGITIMATE.Those conceived of parents who at the time of conception were not disqualified by any impediment to marry each other and who are later considered legitimate by reason of the subsequent marriage of their parents. c) Born of marriages which are void ab initio such as bigamous and incestuous marriages and marriages declared void for being contrary to law and public policy (Art 35. b) Born of sexual relationships without cohabitation. TEST TUBE BABIES. STATUS:  LEGITIMATE. Test tube babies are not covered. The instrument shall be recorded in the civil registry together with the birth certificate of the child. Art. the mother from possible charges of adultery when the semen injected to her uterus is a pure donation from an outsider. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate. Exception: Art. fraud. The surrogate mother merely carried the child in her womb. unless otherwise provided in this Code. 3) Legitimated. Children conceived or born during the marriage of the parents are legitimate. or undue influence.Those conceived and born outside a valid marriage. Legitimacy of a child may be impugned only on the following grounds: (1) That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days . or within cohabitation without the benefit of marriage. 37.38. b) it is with the consent of the wife. ILLEGITIMATE children are: a) those conceived and born outside of a valid marriage. 164. 54. the child from uncertainty of his civil status. or not having authorized by it. Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate. They are children conceived through in-vitro fertilization and consists in inducing multiple ovulation of a woman with the use of appropriate drugs. The written agreement is required to protect: 1.53). A child born during wedlock is presumed to be legitimate unless there was no sexual access to the wife. with the WRITTEN consent or authorization of THE SPOUSES SIGNED and EXECUTED BEFORE the birth of the child. 2) Illegitimate.Kinds of Relationship  From nature (derived from generation)  From adoption (in imitation of nature) Classes of Children 1) Legitimate . BAI CHILDREN. 2. 165. had RATIFIED it in a document EXECUTED and SIGNED by them BEFORE the birth of the child. Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife. are made legitimate children of the latter. 2 specifically applies to children conceived as a result of artificial insemination. provided. the physician or doctor who conducted the insemination from possible complaint for damages on the pretext that the husbands consent was not obtained.if the insemination was AUTHORIZED BY BOTH parents.conceived and born during the marriage of parents who are lawfully married or those who are conceived before the marriage but born during the marriage. 3. intimidation. Children conceived and born outside a valid marriage are illegitimate. that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. c) the written authorization or ratification by either or both spouses was obtained through mistake.  ILLEGITIMATE. Those children born of artificial insemination. EFFECTS: If the zygote is the result of fertilization of the wife’s ovum by her husband’s sperm. C) if there is no such consent. it is submitted that the child is their legitimate child--it having been sourced from their own blood. 166. d) Born of voidable marriages born AFTER the decree of annulment .Those who whether related by blood or not to the adopter.

Art.  HUSBAND LIVING SEPARATELY FROM WIFE. The former refers to the person’s in capacity to engage in sexual activity. or undue influence. The law declares the legitimacy of children subject only to three instances:    Husband’s physical impossibility to have sexual intercourse with the wife under the period and the three conditions set forth in Art 166 Establishment by biological or scientific evidence of the fact that the child could not be that of the husband except in artificial insemination where a donor’s sperm was used with the consent of both husband and wife The authorization or ratification of an artificial insemination resulting in the conception and birth of a child was obtained through mistake. fraud. or when they ratified the insemination. they cannot be child and father by consanguinity. violence. fraud. the child is still considered legitimate in the absence of evidence to the contrary. accidental or other causes b) Impotence which means the inability ooif the male organ to perform its proper function Impotence is different from sterility. The fact that a supposed father and child are of the same blood type does not however necessarily mean that they are father and son by consanguinity for the reason that many people have the same blood types. BLOOD TESTS. IMPUGNING THE LEGITIMACY OF THE CHILD IS A STRICTLY PERSONAL RIGHT OF THE HUSBAND. serious or irresistible force is employed. DIRECT ACTION IS NECESSARY. On the basis of blood tests alone. nevertheless. even though it be born within the three hundred days after the termination of the former marriage. the child could not have been that of the husband. it is difficult to establish paternity of a child. or (3) That in case of children conceived through artificial insemination. when the child is an offshoot of artificial insemination through the introduction of the sperm of a donor with consent of both husband and wife. violence and intimidation or undue influence.insidious words or machinations induce another to enter into a contract Violence and intimidation. intimidation. fraud. When the supposed father and the alleged child do not have the same blood group.there is violence when in order to wrest consent. PERIOD OF IMPOSSIBILITY OF SEXUAL ACCESS. The period must be DURING the marriage and not before. Exception: Even if the child has a different blood type.  Undue influence.is when a person takes improper advantage of his power over the will of another. Fraud. And it must be within the first 120 days of the 300 days which immediately preceded the birth of the child. If the marriage is terminated and the mother contracted another marriage within three hundred days after such termination of the former marriage. This is possible under two situations: a) absence of sexual organ on the part of the husband which could be due to natural. the legitimacy of the child may be impugned. (b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible. The grounds for impugning the legitimacy of the child mentioned in Art 255 of the Civil Code may only be invoked by the husband. But it is easier to establish non-paternity through blood test exclusions when the finding is that the supposed parent and the child manifest different blood types. The reason of this provision is to protect the child from the passion of his or her parents. DNA. When the authorization or ratification   Mistake. HUSBANDS PHYSICAL INCAPACITY. 168. which absolutely prevented sexual intercourse. intimidation. the child will be considered legitimate under the provisions of Art. or (c) serious illness of the husband. depriving the latter of a reasonable freedom of choice. 164 par 2. So even if the mother is convicted of adultery. except in the instance provided in the second paragraph of Article 164. The latter refers to a person’s incapacity to procreate or produce children though with capacity to copulate. There is intimidation when one of the contracting parties is compelled by a reasonable and well grounded fear of an imminent and grave evil. or undue influence. BIOLOGICAL OR SCIENTIFIC FINDING THAT CHILD IS NOT THAT OF THE HUSBAND. 167. TAINTED AUTHORIZATION. And a married woman cannot be allowed to bastardize her child. (2) That it is proved that for biological or other scientific reasons. these rules shall govern in the absence of proof to the contrary: (1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is considered to have been conceived during the former marriage. provided it be born within three hundred days after the termination of the former marriage.as to the identity or qualifications of one of the parties it being the principal cause of the contract. of artificial insemination was obtained through mistake. (2) A child born after one hundred eighty days following the celebration of the subsequent marriage is considered to have been conceived during such marriage. HUSBANDS SERIOUS ILLNESS. or in proper cases. his heirs under the conditions set forth in Art 262 of the Civil Code. The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. Art. The illness must be serious as to absolutely prevent sexual intercourse such as the husband is comatose or in the ICU. child os presumed to be legitimate. The separation must be of such nature that sexual access is not possible as when the spouses reside in different countries or provinces and were never together during the period of conception. If there is possibility of access. the written authorization or ratification of either parent was obtained through mistake. .which immediately preceded the birth of the child because of: (a) the physical incapacity of the husband to have sexual intercourse with his wife. Tuberculosis is not considered.

the period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth. If the action is successful. Art. The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register. any of his heirs. INAPPLICABILITY OF THIS ARTICLE. or the same is unknown to the husband or his heirs. This will be counted: a) from knowledge of the birth of the child. And the action can only be filed by the husband. Within 2 years. or in default.  STATUS OF THE MARRIAGE. The period of 300 days is the longest allowance for a tardy birth. Once the prescriptive periods had lapsed. whichever is earlier. the period shall be two years if they should reside in the Philippines. There is no evidence to prove that the child is that of the first or second marriage. The date of the celebration of the SECOND marriage -The child is considered to have been conceived during the second marriage if it be born AFTER 180 days following the celebration of the second marriage IRRESPECTIVE of whether or not it be born within 300 days after the termination of the first marriage or afterwards. d) the husband or his heirs are residing abroad or the subject child was born or its birth registered abroad. the child will . Art 169 talks about the children born after.  of the first marriage. This article does not apply in an action to cancel the birth certificate of a child who claims to be a child of a parent. Philippines. A child was born. the legitimacy of the child may no longer be impugned. The heirs of the husband may impugn the filiation of the child within the period prescribed in the preceding article only in the following cases: (1) If the husband should died before the expiration of the period fixed for bringing his action. This will be counted: a) from knowledge of the birth of the child. or b) before having delivered is she shall have been pregnant at the time of her husband’s death with a penalty of arresto mayor and a fine not exceeding Php 500. Catotal) The purpose of the prohibition is to prevent doubtful paternity. all of his heirs do not reside at the place of birth as defined in the first paragraph or where it was recorded. Art. CONCEALMENT OF BIRTH. Art 351 of the RPC punishes any widow who: a) shall marry within 301 days from date of death of the husband. 5. if the husband or. the reckoning point for the filing of the action shall be: a) from the discovery or knowledge of the birth of the child. c) husband or any of his heirs do not reside in the city or municipality where the child was born or its birth recorded. or b) from date of recording in the civil register. 4. whichever is earlier. 1.00. his heirs are allowed to impugn the legitimacy of a child or continue the one already begun by him when no desistance had been executed. The legitimacy of a child can be assailed only in a direct action filed specifically for the said purpose and within the prescriptive period fixed by the article. in his default. or b) from date of recording in the civil register. d) husband or his heirs filing the action are residing in the This article applies only in default of the husband due to his untimely demise. c) a husband or any of his heirs in a proper case reside in the city or municipality where the child was born or its birth recorded.Requisites for this article: 1. a husband or any of his heirs in a proper case reside in the city or municipality where the child was born or its birth recorded. The mother contraacted a subsequent marriage. 2. If the husband or. 2. The first marriage is terminated. or (3) If the child was born after the death of the husband. General Rule: It is only the husband who may impugn the legitimacy of a child born to his wife. on ground of being void ab initio does not prescribe. (2) If he should die after the filing of the complaint without having desisted therefrom. Exception: Upon his death. in a proper case. Art 168 talks about children born within 300 days after the termination Within 1 year. Valid as long as the elements of a valid marriage are present. The subsequent marriage was contracted WITHIN 300 days AFTER termination of the previous marriage. The legitimacy or illegitimacy of a child born after three hundred days following the termination of the marriage shall be proved by whoever alleges such legitimacy or illegitimacy. 3. 3. should reside in the city or municipality where the birth took place or was recorded. This will be counted: a) from knowledge of the birth of the child. or b) From knowledge of the fact of registration of birth. If the birth of the child has been concealed from or was unknown to the husband or his heirs. The legitimacy or illegitimacy of such children shall be proved by evidence by whoever alleges or claims the same. REQUISITES: CRIMINAL LIABILITY FOR PREMATURE MARRIAGE. or b) from date of recording in the civil register. Two periods to be considered: The date of the termination of the FIRST marriage -The child is considered belonging to the first marriage if it was born BEFORE the lapse of 180 days (approximately 6 months) AFTER the celebration of the SECOND marriage provided it be born WITHIN 300 days AFTER the termination of the first marriage. 169. 170. OR WHEN UNKNOWN TO HUSBAND OR HIS HEIRS. by his heirs. 171. and three years if abroad. EFFECT: If there is deliberate concealment of the birth of the child. Within 3 years. (Babiera v. c) husband or any of his heirs do not reside in the city or municipality where the child was born or its birth recorded. Art.

and her status is an illegitimate child. Ruling: Petition is not meritorious. with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child. The provision. fraud. The child himself may impugn his legitimacy. Articles 170 and 171 speak of the prescription period within which the husband or any of his heirs should file an action impugning the legitimacy of the child. In Article 166. Hermogena.be considered adulterous and devoid of any filiation with the husband. Article 170 of the FC does not apply. saying that he and his brother-in-law are the sole heirs of the estate. Teofista countered that she and Presentacion are full-blooded sisters. Article 171 is not applicable in this case. They both died intestate. it is not where the heirs of the late Vicente are contending that Marissa is not his child or a child by Isabel. hereditary rights of Presentacion who inherited the estate. On appeal. 3. W/N Presentacion has legal capacity to file the special proceedings pursuant to Art. Her real mother was Flora Guinto. it is the husband who can impugn the legitimacy of the child by: (1) it was physically impossible for him to have sexual intercourse. Teofista's correct family name is GUINTO. In this case. Marissa opposed the petition. W/N the public record of Teofista's birth is superior to the oral testimony of Presentacion. She also filed a motion on the grounds that: the petition states no cause of action. 166. saying that she is the sole heir of deceased Vicente and that she is capable of administering his estate. Certificate of Baptism. Issues: 1. the signature of informant forged. violence. Articles 164. The provision provides a prescriptive period for action to impugn the legitimacy of the child. The identity of the real father need not be established. and to order the City Civil Registrar to cancel the same as it affect the 1. Presentacion ask the court to declare Teofista's certificate of birth void and ineffective. 3. be there is no blood relation to impugn in the first place. CA affirmed the decision of the trial court. The specific attendant in the case at bar and the totality of the . The trial court ruled in favor of Presentacion. Present case alleges and shows that Hermogena did not give birth to Teofista. presupposes that the child was the undisputed child of the mother. 170 and 171 are NOT applicable. 2. 171. the written authorization or ratification by either parent was obtained through mistake. and her School Report Card. it does not impugn her legitimacy. that is. 170 of the Family Code. When what is alleged in the petition is that the child is not the child of the couple. being an attack on her legitimacy as the child of Hermogena and Eugenio. Articles 166. The reason why Presentacion took interest on Teofista's status is to protect the former's successional rights. is falsified. 166 and 170 of the Family Code and ruled in favor of Marissa. Victoria categorically declared that Marissa was not the biological child of the spouses who were unable to physically procreate. the child could not have been his child. She asserted that the birth certificate is void ab initio. It was clinically and medically impossible for Hermogena to bore a child at 54 years of age. Lirio filed for issuance of letters of administration in favor of the nephew. 2. and contained false entries. The action to nullify the birth certificate does not prescribe because it was allegedly declared void ab initio. the CA reversed the lower court decision and declared Marissa Benitez-Badua is not the biological child of the late spouses. to wit: That Teofista is the legitimate child of the late spouses Eugenio Babiera and Hermogena Cariñosa. Article 171 of the Family Code shows that it applies to instances which the father impugns the legitimacy of his wife's child. She submitted the pieces of documentary evidence and testified that the spouses treated her as their own daughter. The relatives of Vicente tried to prove through testimonial evidence. 170 and 171 of the Family Code cannot be applied in the case at bar. (3) that in case of children conceived through artificial insemination. (2) that for biological or other scientific reasons. and that the petition was barred from prescription in accordance with Art. Signature of the mother. as it was totally a simulated birth. (Benitez-Badua v CA) BADUA V CA Facts: Spouses Vicente Benitez and Isabel Chipongian had various properties. that Presentacion has no legal capacity to file the petition pursuant to Art. W/N the special proceedings is improper and barred by the statute of limitation. CHILD MAY IMPUGN HIS LEGITIMACY. both of the husband and wife. as showed therein her certificate of birth. The present action involves the cancellation of Teofista's Birth Certificate. The action must be brought anytime during his lifetime. Vicente's sister Victoria B. Impugnation of a child applies only when the husband or his heirs deny that the child is the child of the husband with his wife. The above provisions do not contemplate a situation where a child is alleged not to be the biological child of a certain couple. Marissa was not the biological child of the dead spouses. intimidation or undue influence. Trial court relied on Arts. but they are contending that Marissa was not born to Vicente and Isabel. Marissa's Certificate of Live Birth was repudiated by the Deed of Extra-Judicial Settlement of the Estate of the late Isabel by Vicente. The present action does not impugn Teofista's filiation to Eugenio and Hermogeno. her last child birth was when Presentacion was born. The special proceedings for administration of the properties were filed with the trial court. The SC find no merit to the petition. 171 of the Family Code. Ruling: No. however. Issue: Whether or not Marissa Benitez-Badua is the legitimate child and the sole heir of the late spouses. BABIERA V CATOTAL Facts: Presentacion questioned the authenticity of the entry of birth of Teofista. that the spouses failed to beget a child during their marriage. not Babiera.

This step cannot be aptly done because the law itself establishes the legitimacy of children conceived or born during the marriage of the parents. one that can only be repudiated or contested in a direct suit specifically brought for that purpose. Family pictures do not also prove filiation. sought the dismissal of the case filed by the petitioners to partition the Dizon estate before the RTC. and the mother's signature was different from other signatures. Issue: W/N William Liyao. First. Facts: Corazon Garcia had been living separately from her husband. the latter’s heirs. Ruiz. Tita Rose Liyao-Tan and Ramon Pineda (driver and bodyguard) testified for the respondent’s side. Maurita Pasion. The birth certificate and the baptismal certificate presented were not sufficient to establish paternity in the absence of any evidence that the deceased had a hand in the preparation of said certificates and considering that his signature does not appear therefrom. can be recognized as the illegitimate child of the deceased William Liyao. a child so born in such wedlock shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as having been an adulteress. cannot be aptly adjudicated without an action having been first been instituted to impugn their legitimacy as being the children of Danilo de Jesus and Carolina de Jesus born in lawful wedlock. and only the father. LIYAO V TANHOTI-LIYAO No. RTC granted the motion. Second. Maurita Pasion and other friends. she cohabited with the late William Liyao from 1965 until the latter died. Held: No. the . Issues: W/N Jacqueline and Jinkie are illegitimate children of Juan Dizon. no medical records or doctor's prescription that provide as evidence of Hermogena's pregnancy. Petitioners filed before the SC. petitioners. the birth certificate was not signed by the local civil registrar. The presumption that children born in wedlock are legitimate. DE JESUS V DIZON child conceived with 2nd partner in the subsistence of the marriage. This presumption indeed becomes conclusive in the absence of proof that any of the circumstances under Article 166 of the Family Code are present and the husband must impugn the legitimacy before the expiration of the periods set forth in Article 170 and in proper cases. CA upheld the decision of the trial court and remanded it to the same. Juan Dizon died leaving behind considerable assets consisting of shares of stock in various corporations and some real property. RTC declared that Billy is the illegitimate child of William Liyao. While Linda Liyao-Ortiga. They maintain that their recognition as being illegimate children of the decedent. the disposition of Hermogena which states that she did not give brith to Teofista and that the latter was not hers of Eugenio. Thus. embodied in an authentic writing. He is presumed to be the legitimate child of Ramon Yulo. or in exceptional instances. She gave birth to William Liyao. Jr. As for the passbook. Bernadette and Enrique Yulo testified for Corazon Garcia. Third. Bellocillo. CA reversed the ruling on the ground that the law favor the legitimacy rather than the illegitimacy of the child and “the presumption of legitimacy is thwarted only on ethnic ground and by proof that marital intimacy between husband and wife was physically impossible at the period cited in Article 257 in relation to Article 255 of the Civil Code. Article 171 of the Family Code. The presumption of legitimacy fixes a civil status for the child born in wedlock. It was impossible for her to have given birth at 54 years of age.e. Indeed. William expressly acknowledged Billy as his own son in the presence of Fr. Corazon Garcia. it is only when the legitimacy of a child has been successfully impugned that the paternity of the husband can be rejected. the child with the 2nd partner is presumed to be a legitimate child of the husband in the subsisting marriage Facts: This case involves the altering of the status of Jacqueline and Jinkie de Jesus from being legitimate children of Carolina Aves de Jesus with Danilo de Jesus to illegitimate children of Juan Dizon in a notarized document. Ramon Yulo. This issue. would impugn their legitimate status as being children of Danilo de Jesus and Carolina Aves de Jesus. Billy had been in continuous possession and enjoyment of the status of a recognized and/or acknowledged child of William Liyao by the latter’s direct and overt acts. She had two children with Ramon. in effect. The rule is that the written acknowledgment made by the deceased Juan Dizon establishes petitioners’ alleged illegitimate filiation to the decedent cannot be validly invoked to be of any relevance in this instance. A child conceived in the subsistence of a prior marriage is still considered to be a legitimate child of that prior marriage even if the child has possession of the status of an illegitimate child of the 2nd partner. In an attempt to establish their illegitimate filiation to the late Juan Dizon. conceived and born in wedlock. Jr. including the corporations of which deceased was a stockholder. RTC denied the motion to dismiss and the subsequent motion for reconsideration. can contest in an appropriate action the legitimacy of a child born to his wife. whether the petitioners are indeed the acknowledged illegitimate off springs of the decedent. Later. sufficiently negates the presumption of regularity in the issuance of birth certificate. there was nothing in it to prove the same was opened by William Liyao since his signature and name do not appear thereon. is in itself sufficient to establish their status as such and does not require a separate action for judicial approval following the doctrine enunciated in Divinagracia vs. They are the legitimate children of Danilo de Jesus and Carolina Aves de Jesus. Respondents filed an omnibus motion praying for the dismissal of the case on the ground that the action was made to compel the recognition of petitioners as being the illegitimate children of deceased and the partition sought was merely an ulterior relief once petitioners would have been able to establish their status as such heirs. The surviving spouse and legitimate children of Juan Dizon. i. Jurisprudence is strongly settled that the paramount declaration of legitimacy by law cannot be attacked collaterally.evidence presented during trial. convinced (1) by preponderance of evidence that the deceased William Liyao sired Billy since the latter was conceived at the time when Corazon and William Liyao cohabited and (2) that petitioner had been in continuous possession and enjoyment of the status of a child of the deceased by direct and overt acts.

his heir. the CA reversed its ruling and held that Jose Gerardo is the son of Theresa by Mario during the first marriage. who in the eyes of the law. Gerardo has no legally demandable right to visit Jose Gerardo. To prove the filiation of a child is only necessary when his legitimacy is being questioned or when the status of a child born after 300 days following the termination of marriage is sought to be established. Last. During the period that Gerardo and Theresa were living together in Fairview. Hence. Birth Certificate not given credence because it was not formally offered as evidence. The fact that both Theresa and Gerardo admitted and agreed that Jose Gerardo was born to them is in effect. child in that bigamous marriage is a legitimate child of the first husband. represented by the mother should file a separate proceeding for a change of name under Rule 103 of the Rules of Court to effect the correction in the civil registry. This is still the case even if the mother has declared against its legitimacy or was sentenced as an adultress. The presumption is grounded in a policy to protect innocent offspring from the odium of illegitimacy. Gerardo cannot invoke Article 166(1)(b) of the Family Code. decency and morality. DNA is the most reliable testing to prove filiation Facts: Jinky Diaz filed in behalf of her daughter. are the ones who can contest the legitimacy of the child Jose Gerardo born to his wife — they have the personal right to do so in proper cases. any DNA sample from the deceased will do. the earlier being still valid and subsisting. an agreement that the child was illegitimate. W/N the testimony of Corazon’s children amount to impugnation of the legitimacy of the latter. the status of Jose Gerardo as a legitimate child was not under attack as it could not be contested collaterally and even then. No. for reasons of public policy. is not related to him in any way. No. Jose Gerardo shall have the right to bear the surnames of his father. Impugning the legitimacy is a personal right of the husband and may only be done by his heirs in exceptional cases. Mario was living in Loyola Heights which is scant 4 KM away from each other. only by the husband or in extraordinary cases. There is nothing in the records to indicate that Ramon Yulo had already passed away at the time of the birth of the petitioner nor at the time of the initiation of the proceedings. ONG V DIAZ DNA testing not impossible even if the putative father is already dead. Under the New Civil Code. Gerardo cannot impose his surname on Jose. It is settled that the legitimacy of the child can be impugned only in a direct action brought for that purpose. It brushed aside the common admission of Gerardo and Theresa that Jose Gerardo was their son. Notably. She had married Mario Gopiao 9 years prior to that of Gerardo. Upon Theresa’s motion for reconsideration. Mario and mother Theresa. Assuming that this is true. Birth Certificate is only prima facie evidence and can be rebutted by preponderance of evidence. He has no standing in law to dispute the status of Jose Gerardo. that it should be Issues: W/N Jose Gerardo is the illegitimate child of Gerardo W/N the admission of Theresa that she never had sex with Mario was binding on her. Moreover. The child. the 2nd husband was never a husband and thus not related to the child in that 2nd marriage Facts: Theresa Almonte’s marriage with Gerardo Concepcion was annulled before the RTC on the ground of bigamy. the presentation of proof of legitimacy in this case was improper and uncalled for. completely removed and that the last name of Jose Gerardo should be changed from Concepcion to Almonte. Thus. Nonetheless. Article 167 of the Family Code states that an assertion by the mother against the legitimacy of her child cannot affect the legitimacy of a child born or conceived within a valid marriage. Since the marriage of Gerardo and Theresa was void from the very beginning. The status of a child is determined by the law itself. his heirs. If the Court were to validate that stipulation. CA affirmed the RTC decision in toto. a child born and conceived during a valid marriage is presumed to be legitimate. Jinky met Rogelio Ong when she was still married to a Japanese national. Jose Gerardo was declared an illegitimate child whose custody was given to Theresa and visitation rights was given to Gerardo. Here. The separation between Theresa and Mario was certainly not such as to make it physically impossible for them to engage in the marital act. then it would be tantamount to allowing the mother to make a declaration against the legitimacy of her child and consenting to the denial of filiation of the child by persons other than her husband. Feeling betrayed and humiliated. Only when the presumption of legitimacy is overthrown. in the eyes of the law. An illegitimate child cannot use the mother’s surname motu proprio. To give credence to Theresa’s admission is to arrogate unto herself a right exclusively lodged in the husband. Only Mario Gopiao or in proper cases. CONCEPCION V CA void marriage because of bigamy (mother had 2 marriage). he never became her husband and thus never acquired any right to impugn the legitimacy of her child. RTC denied Theresa’s motion. QC. W/N the birth certificate is sufficient proof that Jose Gerardo is Gerardo’s illegitimate child. Joanne Diaz a complaint for compulsory recognition with prayer for support pending litigation. CA denied the motion for reconsideration of Gerardo. The presumption of legitimacy on the basis of Article 166(1) (b). the child cannot elect the paternity of the husband who successfully defeated the presumption. It is only in exceptional cases that the heirs of the husband are allowed to contest the legitimacy of the child. by the proper parties and within the period limited by law. it must be shown beyond reasonable doubt that there was no access that could have enabled the husband to father the child. they cohabited and thus their produced . she moved for the reconsideration of the visitation rights. a married woman cannot say that she had no intercourse with her husband and that her offspring is illegitimate. it does not mean that there was never an instance where Theresa could have been together with Mario or that there occurred absolutely no intercourse between them.husband of Corazon in her subsisting marriage. The presumption of legitimacy of children does not only flow from a declaration contained in the statute but is based on broad principles of natural justice and the supposed virtue of the mother. the case at bar was initiated by petitioner himself through his mother and not through Bernadette and Enrique Yulo. Consequently. No evidence at all was presented to disprove access between them. the law itself establishes the status of a child from the moment of his birth.

b) Final judgment.a baby named Joanne. or (2) Any other means allowed by the Rules of Court and special laws. the CA held that DNA testing is the most reliable and effective method of settling the present dispute. A birth certificate is a record of birth but it is not competent evidence if the alleged father had no hand in its preparation. petitioner has not shown the impossibility of obtaining an appropriate biological sample that can be utilized for the conduct of DNA testing. when the period of the offense coincides with that of the conception. During the pendency of this case however Rogelio died. Rogelio appealed to the CA. abduction. that is tantamount to recognition. More so. A baptismal certificate in not conclusive proof of filiation. The books making up the Civil Register and all documents relative thereto are considered public documents and are considered prima facie evidence of the truth of the facts contained therein. or (2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned. and other body fluids.  When the child was conceived during the time when the mother cohabited with the supposed father. They are not proofs of filiation but only prove the administration of the sacrament of baptism but not proof of the statements made therein. When the date in the Birth Certificate were provided by the putative father although he did not sign it. as both evidence proved that the husband was outside the country and no evidence was shown that he ever arrived in the country in the year 1997. the certificate must be signed by BOTH parents or by the mother alone if the father refuses. COMPULSORY RECOGNITION  In cases of rape. The filiation of a child. 172. tissues. the filiation of a child may be established by the: a) Open and continuous possession of the status of a child as legitimate or illegitimate which dies not mean forever b) Any other means allowed by the Rules of Court and special laws. This refers to the record of the Civil Register in accordance with the Civil Registry Law. The filiation of legitimate children is established by any of the following: In the absence of the foregoing evidence. The death of the petitioner does not ipso facto negate the application of DNA testing for as long as there exist appropriate biological samples of his DNA. also. Rogelio abandoned Jinky and Joanne alleged that he is not the father of the child and refused to give support. that is . But they can be admitted as part of the testimony of the petitioner to corroborate the claim of filiation. saliva. hairs and bones. any of the biological samples as enumerated above as may be available. “Biological sample” means any organic material originating from a person’s body. FINAL JUDGMENT. seduction. it is one of the “other means allowed under the Rules of Court and special laws” to show pedigree as so held in Mendoza v CA. that is susceptible to DNA testing. Held: The alleged impossibility of complying with the order of the remand for purposes of DNA testing is more ostensible than real. RECORD OF BIRTH. either motu proprio or upon application of any person who has a legal interest in the matter in litigation. even if found in inanimate objects. This includes blood. RTC still found that Joanne is the illegitimate child of Rogelio.  When the child has in his favor any evidence or proof that the defendant is his father. Recognition may either be:  Compulsory  Voluntray VOLUNTARY RECOGNITION May be made in any of the ff:  Record of birth  Will  Statement before a court of record  Any authentic writing PROOFS OF FILIATION. In this case. c) Written admission of filiation in a public document or private handwritten instrument signed by the parent concerned. the declaration of either parent of the child is sufficient for the registration of its birth in the civil register.  When the child is in continuous possession of status of a child of the alleged father (or mother) by the direct acts of the latter or his family. Chapter 2: Proof of Filiation Art. when the father signed it himself. Upon a motion for reconsideration. It is sufficient that the certificate of birth in case of LEGITIMATE children be signed only by the physician or midwife in attendance at the birth of the child. WRITTEN ADMISSION OF FILIATION. Rogelio filed a motion to lift the order and a motion for reconsideration. Even if Rogelio died. Pettiioner’s argument is without basis especially as the New Rules on DNA Evidence allows the conduct of DNA testing. RTC granted his motion for a new trial. whether illegitimate or legitimate may be be established by the ff primary evidence: a) Record of birth appearing in the civil register.000 as Joanne is his natural child. This refers to a public . Issue: W/N the CA erred in remanding the case to the trial court for the conduct of DNA testing. This refers to a decision of a competent court. For the purpose of recognition of an illegitimate child. In the absence of the above primary evidence. the legitimate filiation shall be proved by: (1) The open and continuous possession of the status of a legitimate child. Blood test results may be used to establish paternity although there are limitations. RTC ordered Rogelio to give a monthly support of Php 10. may be used for DNA testing. They are indisputable only for exclusion purposes. (1) The record of birth appearing in the civil register or a final judgment. However. The appellate court ordered that the case be remanded to the trial court and that the parties to make arrangements for DNA analysis. to prove that the man is not the father of the child.

EVIDENCE OF DIRECT EXPRESS ACKNOWLEDGMENT NEEDED IN COMPULSORY RECOGNITION. PRESUMPTION OF LEGITIMACY. the identity of the putative father may be divulged. it is in itself a voluntary recognition that does not require a separate action for judicial approval. 1. Illegitimate children who were still minors on Aug 3. The method of proving filiation of legitimate children may be utilized to prove the fact of being collateral heirs of a deceased. admission by silence. 2. The child should enjoy the consideration. CAN THE IDENTIFICATION OF THE PUTATIVE FATHER BE REVEALED? In actions for compulsory but not voluntary recognition. family reputation or tradition concerning pedigree. Filiation of illegitimate children should be ventilated in the proper probate court in a special proceeding for the purpose and cannot be adjudicated in an ordinary action for recovery of ownership and possession. and the qualification of the analyst who conducted the tests. However. the following data: how the samples were collected. REMEDIES OF AN ILLEGITIMATE CHILD WHO HAS NOT BEEN VOLUNTARILY RECOGNIZED. DNA TEST IS NOW ADMISSIBLE. The issue of legitimacy cannot be attacked collaterally. RIGHTS OF ILLEGITIMATE CHILDREN WHO WERE STILL MINORS AT THE TIME OF THE EFFECTIVITY OF THE FC. Resemblance between the child and his alleged parent is competent and material evidence to establish parentage. If the administration is already closed. COLLATERAL HEIRS. If the rapist is a married man. with the proper formalities so as to become a public and admissible document. If the parent is already dead. the procedure followed in analyzing the samples. OPEN AND CONTINUOUS POSSESSION OF STATUS OF A CHILD. nonetheless. BY ANY OTHER MEANS ALLOWED BY THE RULES OF COURT AND SPECIAL LAWS. which as a child. A complaint for recognition and a claim for inheritance may be joined in one complaint. his parent or the latter’s heirs. 1988 and whose putative parent died during their minority are given right to seek recognition for a period up to four years from attaining majority age. The private document contemplated must be executed in the VERY HANDWRITING of the maker and duly signed by him. In assessing the probative value of DNA evidence. whether the proper standards and procedure were followed in conducting the tests. If a child is recognized in a will. Legitimate and illegitimate children are given their status from the moment of their birth provided they have already been recognized by their parents by any evidence provided in Art 172 (par 1) of the Family Code. LEGITIMACY CANNOT BE ATTACKED COLLATERALLY. There is no presumption of the law more convincing in reason than the presumption that children born in wedlock are legitimate. but in compulsory recognition evidence of direct express acknowledgment is required. on the part of the public of the status of being a child of the spouses by:  The use of the father’s surname  Treatment. RECOGNITION OF OFFSPRING IN RAPE CASES. he can ask for its reopening as the probate court has jurisdiction to determine who are the heirs of the deceased and as to whether a party is or should be declared an acknowledged illegitimate child. Any authentic writing is treated not just a ground for compulsory recognition. PHYSICAL RESEMBLANCE BETWEEN CHILD AND ALLEGED PARENT. judicial admission. If the will is revoked. NO FURTHER ACTION FOR RECOGNITION IS NECESSARY IF ILLEGITIMATE CHILD HAD BEEN VOLUNTARILY RECOGNIZED BY THE MODES MENTIONED IN PAR 1. there is still a need to file an action for recognition during the lifetime of the parent concerned. WHEN THERE IS NO NEED TO FILE ACTION FOR RECOGNITION. RECOGNITION IN A WILL. or Intervene in the administration proceeding for the settlement of his deceased parent’s estate and therein seek recognition and at the same time enforce his hereditary rights. it is only a ground for a child to compel recognition by his assumed parent. Voluntary recognition may be done incidentally in any of the documents required by law for proof of recognition. PROOF OF FILIATION.document or private handwritten instrument signed by the parent concerned admitting his or her filiation to the child. . he receives from his father and mother and from his parents’ family by his being provided by his parents with education and support. A will is a private document although it is notarized. the recognition remains effective. the case would not prosper. the courts should consider among other things. common reputation respecting pedigree. extrajudicial admissions. The possession of status of a child does not in itself constitute an acknowledgment. he cannot be compelled to recognize the offspring of the woman as his child whether legitimate or illegitimate. if the illegitimate filiation sought to be established is anchored on the second paragraph of Art 172. how they were handled. the possibility of contamination of the samples. The possession must be:  Open  Continuous  Sufficient length of time to impress in the public mind the parents’ recognition fo the child concerned. File a separate action against the parent concerned to compel recognition. Instances of evidence under the Rules of Court include acts or declarations concerning pedigree. A public document is one duly acknowledged before a Notary Public or similar functionary. If the child had been recognized by any of the modes in the first paragraph of Article 172. Machine printed documents even if signed by the parent concerned will not suffice. ART 172. If filed after the death of the parent. The possession of status may be enjoyed by a conceived child although not born yet. presumptions. the child can file the action against all the potential heirs who could be prejudiced by his recognition together with an action for the enforcement of his rights against 3. recognition is considered done in a private document under the last paragraph of Art 172. there is no further need to file any action for acknowledgment because any of the said modes is by itself a consummated act.

Chapter 3: Illegitimate Children Art. In (a) and (b). However. Like in the case of legitimate children. past and present support may however be renounced or compromised. or both of them. The transmission to the heirs of the right to file the action can only happen in three instances: a) b) c) If the child dies during minority If the child dies in a state of insanity If the child dies after having filed the action and the proceedings have not yet lapsed. it must be filed during the lifetime of the alleged parent. the heirs shall have a period of five years within which to institute the action. otherwise.” FILIATION OF ILLEGITIMATE CHILDREN. par. in which case the action may be brought during the lifetime of the alleged parent. The action to claim illegitimate filiation does not prescribe in the sense that the action can be filed any time’ during the child’s lifetime. 194) Future support cannot be renounced or compromised. In (c).(GUY V CA)   Art. 176 now provides: “. However. and other successional rights In 1998.. Art. An action to compel recognition can be combined with an action to claim inheritance. 2. their ascendants. Law in force at the time of recognition governs the act of recognition. the SC held that whether the putative father had recognized his illegitimate child or not. FUTURE LEGITIME. But. before the amendment of Art 176.. in conformity with the provisions of the Civil Code on Surnames. It can be filed anytime during his lifetime. (MOSSESGELD V CA) The second sentence of Art. if the right to file action is inherited or transmitted to the child’s heirs. The action for acknowledgment of natural children can never be transmitted. and (3) To be entitled to the legitimate and other successional rights granted to them by the Civil Code. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. No contract may be entered into upon future inheritance except in cases expressly authorized by law..” OTHER RULES. (2) To receive support from their parents. education and transportation. or (2) Any other means allowed by the Rules of Court and special laws. the action survives notwithstanding the death of the child or the parent concerned. dwelling. But when the right of action is transmitted to the heirs. Art 364 NCC) Insofar as the child claiming legitimacy is concerned.. This rule has been superseded by Art 173 of the FC which states: “. (Art.The action already commenced by the child shall survive notwithstanding the death of either or both parties. An action for acknowledgment is the proper action for one who wants to use his father’s surname (with the acknowledgment of father) Recognition must be made PERSONALLY by the putative parent.. clothing.. USE OF SURNAME. The action must be brought within the same period specified in Article 173. their brothers and sisters. the legitimate filiation shall be proved by: (1) The open and continuous possession of the status of a legitimate child. The prescriptive period in Ar 173 is also applicable to claims for illegitimate filiation. if the illegitimate child had already filed the action and died during the pendency of the case. the heirs only have 5 YEARS from the death of the child within which to file the action. 173.. RIGHTS OF LEGITIMATE CHILDREN  Bear the surnames of the father and the mother (family name and middle name) Receive support Be entitled to the legitime. in keeping with the financial capacity of the family. and in proper cases. the father has the right to institute an action before the regular courts to prove non-filiation during lifetime. The filitation of illegitimate children may be established in the same way and on the same evidence as in the case of legitimate children. Filiation must not only be proven but it must also be acknowledged by the supposed parent. Art 172 par 2: “. or when an admission in a public document or private handwritten instrument is made by the father: PROVIDED. the child cannot use the surname of the said father. Before the FC. Legitimate and legitimated children shall principally use the surname of the father (Art 175 and 179 FC. 174. In these cases. . 175. Future legitime cannot be renounced or be the subject of compromise since it is only an expectancy and not yet an acquired right. the action must be brought within 5 years from the death of the child. subject to an exception (Art 175). the rule of intransmissibility of an action for recognition of natural children was followed.. Exception: If the action is based on Art 172. in order that it will not prescribe.In the absence of the foregoing evidence. except when the action is based on the second paragraph of Article 172. in conformity with the provisions of this Code on Support. medical attendance. the same shall continue. Support comprises everything indispensable for sustenance. it will be barred forever. The action already commenced by the child shall survive notwithstanding the death of either or both parties. the action to claim legitimacy does not prescribe. 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. It may even be transmitted now to a third person or be compensated with what the recipient owes the obligor there being no more prohibition. HOW ESTABLISHED. illegitimate children may use the surname of their father if their filiation has been EXPRESSLY recognized by the father through the record of birth appearing in the civil register.” SUPPORT. Legitimate children shall have the right: (1) To bear the surnames of the father and the mother. the action prescribes in five years.

Rodolfo and Generosa executed a Deed of Extra-judicial Partition diving and allocating the residential house and the lot which it stood on to Rodolfo. (In the Matter of Adoption of Stephanie Garcia) An illegitimate child never recognized by his father is entitled to change his name. Jose and Generosa Fernandez without a child (4) certification issued by the Records Management and Archives Office that there was no available records about the birth of petitioner (5) application of Dr. Not until they bought a baby for Php20 and named it Rodolfo. an action for its judicial declaration can survive the death of either or both parties. RULE IN INTESTACY. The nephews and nieces of Jose Fernandez knew about the transaction and filed a case against Rodolfo. or in any authentic writing. 209. – This Act shall take effect fifteen (15) days from its publication in the Official Gazette or in two (2) newspapers of general circulation. (Republic v Capote) RIGHTS OF ILLEGITIMATE CHILDREN. The mother of an illegitimate child below 7 years old is entitled to custody." SECTION 2. It added that the public document contemplated in Article 172 of the FC referred to the written admission of filiation embodied in a public document purposely executed as an admission of filiation and no as obtaining in this case wherein the public document was executed as an application for the recognition of rights to back pay. They took care of Rodolfo and sent him to school. Fernandez (2) failed to present any birth certificate (3) book entitled Fercolla clan which showed the genealogy of the family of Dr. and shall be entitled to support in conformity with this Code. An illegitimate child who is subsequently adopted by her natural father may use the surname of her mother as her middle name. presidential decrees. no right to inherit Facts: The spouses Jose and Generosa Fernandez died childless. However. brothers and sisters. executive orders. Fernandez for backpay certificate naming Rodolfo his son considering that there were blemishes or alteration in the original copy (6) Rodolfo’s baptismal certificate was falsified since there were no records of baptism from the parish CA affirmed RTC decision. the father has the right to institute an action before the regular courts to prove non-filiation during lifetime. On the same day. 209. 176. illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. The proportion of 10:5. Effectivity Clause. Illegitimate children shall use the surname and shall be under the parental authority of their mother.Jose Fernandez died and left 2 parcels of land and a 2-storey building. Illegitimate children whenever acknowledged or where their filiation is established in accordance with laws are compulsory heirs and as such are also entitled to support from their parents. Rodolfo’s claim as a son was negated by the following: (1) told to stop studying to help in the clinic of Dr. Illegitimate children shall use the surname and shall be under the parental authority of their mother. Republic Act No. Art. which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly. AMENDING FOR THE PURPOSE ARTICLE 176 OF EXECUTIVE ORDER NO. Provided. is hereby amended to read as follows: "Article 176. UNDER THE CUSTODY OF THE MOTHER. When voluntary recognition is so timely made. and it is also to his best interest as it will facilitate his mother’s intended petition to have him join her in the US. – All laws.5 sq m including the building. SECTION 3. ascendants. Issues: W/N this case is tantamount to collaterally attacking the legitimacy of Rodolfo . It held that the Deed of Absolute sale and Deed of Extra-Judicial Partition are both null and void. however. Generosa executed a Deed of Absolute Sale to Rodolfo’s son. 9255 February 24 2004 AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR FATHER. or when an admission in a public document or private handwritten instrument is made by the father. the recognition is said to be voluntary. The change of name will erase the impression that he was never recognized by his father. ILLEGITMATE CHILD. Eddie the 119.. proclamations. otherwise known as the Family Code of the Philippines. OTHERWISE KNOWN AS THE "FAMILY CODE OF THE PHILIPPINES" Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. SURNAME. a statement before a Court of record. is also applicable in intestacy. They alleged that Eddie and Rodolfo was able to obtain the deed of absolute sale and the Deed of Extra-Judicial Partition due to forgery and took advantage of Generosa’s total physical and mental capacity RTC rendered a decision in favor of the plaintiffs. or when an admission in a public document or private handwritten instrument is made by the father: Provided.When a child was recognized by the parent in a record of birth. However. Article 176 of Executive Order No. a will. the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. and shall be entitled to support in conformity with this Code. illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register. The article speaks of legitime which is contemplated only in testamentary succession. rules and regulations. Illegitimate children shall use the surname and shall be under the parental authority of their mother. FERNANDEZ V FERNANDEZ baby bought by spouses. Repealing Clause.

through succession and possession of property Not being a child of Jose.” Neither can it be a valid deed of donation for it lacks the acceptance of the donee as required by Article 725 of the Civil Code. It also took into account the statement made by Jose in another case that he did not have any child. the sale is void. W/N the evidence is sufficient to prove paternity and filiation. That doctrine has no application in the instant case considering that respondent’s claim was that petitioner Rodolfo was not born to the deceased spouses Jose and Generosa. Cornelia Cabrigas or her legal representative pursuant to Aritcle 741. treatment by the parents and family of the constant attendance to the child’s support and educated. a co-owner of the 3/4 share of the building together with the respondents who owned the 1/4 share. Petitioner could not have given her consent to the contract. They presented a certified true copy of Ida Lagabala’s birth certificate which states that she is Ida Lagabala and also had the same birthday. the possession of status of a child does no t in itself constitute an acknowledgment. W/N there is sufficient proof to establish paternity and filiation between Ida and Jose Santiago. This case is not one impugning petitioner’s legitimacy. Leon Lagabala or her mother. W/N petitioner is entitled to 1/3 portion of the property he co-owned with respondents. it follows that petitioner cannot inherit from him through intestate succession. and giving the child the reputation of being a child of his parents. As held by the CA. Thus we are constrained to agree with the factual finding of the CA that petitioner is in reality the child of Leon Lagabala and Cornelia Cabrigas and not of Jose Santiago and Esperanza Cabrigas. WCC. could not have accepted it legally as a Minor Facts: Ida Lagabala claimed to be the daughter of deceased Jose Santiago thus entitled to 1/3 share of the subject property. The sale of the entire building without the consent of the respondents is not null and void as only the rights of the co-owner seller are transferred. No. petitioner Eddie. being a minor at the time. It found that the birth certificate of Ida Lagabala presented by respondents showed that Ida was born of different parents.No. Respondents are asserting not merely that petitioner is not a legitimate child of Jose. They constitute prima facie evidence of the facts which give rise to their execution and of the date of the latter. They said that they have never seen her and that her real name is Ida Legabala and not Ida Santiago. It is not where they are contesting the fact that Rodolfo is not the child of their uncle. Rule of 132 Section 23 of the Revised Rules on Evidence is not absolute in the sense that the contents of a public document are conclusive against the contracting parties as to the truthfulness of the statements made therein. As to the forgery. she did not present her birth certificate that would prove that she is the daughter of Jose Santiago. Issues: W/N respondents may impugn petitioner’s filiation in this action for recovery of title and possession Yes. thus affecting their credibility. not a deed of donation. not Jose and his wife. CA reversed the ruling of the RTC. public documents contemplated in Article 172 of the Family Code refer to the written admission of filiation embodied in a public document purposely executed as an admission of filiation and not as obtaining in this case wherein the public document was executed as an application for the recognition of rights to back pay or baptismal certificate which only proves that Rodolfo had been baptized and was done on that day. which only shows that income tax has been paid and the amount thereof. absent which there can be no valid contract. JR. which makes the sale void.SOLINAP V LOCSIN. Article 1471 of the Civil Code states: “If the price is simulated. However. the acceptance of the donation should have been made by her father. she had the title under her name pursuant to a Deed of Sale executed by the deceased. the Court held that forgery cannot be presumed — it must be proved by clear. No. In Quismundo vs. LOCSIN. Amanda and Nicolasa. Her use of family name does not establish pedigree.” The Deed of Absolute Sale is valid for Eddie paid for the property with the money he saved from his work in Saudi Arabia. positive and convincing evidence and whoever alleges it has the burden of proving the same. LABAGALA V SANTIAGO Ida Lagabala or Ida Santiago? Not a child of Jose Santiago. since Generosa also sold the 1/4 share of the building which is the share of Jose’s heirs. Respondents failed to prove otherwise. Instead she offered her baptismal certificate. Jose did not have the right to transfer ownership of the entire property to petitioner since 2/3 thereof belonged to his sisters. but the act may be shown to have been in reality a donation. petitioner admittedly did not pay any centavo for the property. More so are the entries made in an income tax return. birth certificate showed that her parents are Leon Lagabala and Esperance Cabrigas. W/N the open and continuous possession of the status of legitimate child is sufficient to prove paternity and filiation. shall be void with respect to such person. Open and continuous possession of the status of the legitimate child is meant the enjoyment by the child of the position and privileges usually attached to the status of a legitimate child such as bearing the paternal surname. deed of sale void for the simulated price. The Deed of Extra Judicial Partition is null and void insofar as Rodolfo is concerned pursuant to Article 1105 of the New Civil Code which states that “a partition which includes a person believed to be an heir but who is not. The present action is one for recovery of title and possession. Moreover. and thus outside the scope of Article 263 on prescriptive periods. or some other act or contract. . Ida’s claim was questioned by Jose Santiago’s sisters. Being a minor in 1979 . it is only a ground for a child to compel recognition by his assumed parent.RTC ruled in favor of the petitioner. but that she is not a child of Jose at all. No one mentioned in the law accepted the donation for Ida. They observed that the respondents were not candid with the court in refusing to recognize petitioner as Ida Santiago and insisting that she was Ida Lagabala. Consent of the consenting parties is among the essential requisites of a contract including one of sale. thereby making the buyer. is not conclusive proof of filiation. No. Although the Ida claims that the birth certificate presented was not hers.Thus it is necessary to pass upon the relationship of the petitioner Rodolfo Fernandez to the deceased spouses Fernandez for the purpose of determining what legal right Rodolfo has in the property subject of the extra-judicial partition. There is also no valid sale in this case. W/N the Deed of Extra Judicial Partition and Deed of Absolute Sale are valid. a private document. She presented her baptismal certificate and her testified. In fact.

found that the proofs presented by the respondent were sufficient to prove his illegitimate filiation. the variance has to be clarified in more persuasive and rational manner. CA affirmed the RTC ruling. Born in 1981. was the one made it. when should the action for recognition prescribe? DELA ROSA V VDA. It is a substantive law as distinguished from a procedural law where rights cannot attach to or arise from. was tampered. Moreover. the FC cannot impair or take Adrian’s right to file an action for recognition. She sought recognition on 2 grounds: compulsory through the open and continuous possession of the status of an illegitimate child and second. Civil Code allows the child to file an action for recognition within 4 years after the child has attained the age of majority. This was opposed by the heirs of the brother and the heirs of the sister of the deceased. on their own. The main issue of this case is who are the parties who are entitled to inherit from the spouses. is the illegitimate son of Jhonny Locsin Sr. the State as parens patriae should protect a minor’s right. Juan “Jhonny” Locsin Sr. she was not the LCR 37 or 38 years ago. The birth certificate presented by Locsin Jr. Jr. Issue: W/N Adrian can file an action for recognition against petitioner Bernabe Issue: W/N Guillerma Rustia is the illegitimate child of Guillermo. Held: No. because that right had already vested prior to its enactment Illegitimate children who were still minors at the time of the Family Code took effect and whose putative parent died during their minority are thus given the right to seek recognition under Article 285 of the Civil Code for a period up to 4 years from attaining majority age. The boy was born during the effectivity of the Civil Code and thus his rights are governed by the same. This was opposed by the brothers and sisters of Josefa. our overriding consideration is to protect the vested rights of minors who could not have filed suit. Without doubt. It has all the badges of nullity.birth certificate from CRG given more weight. the birth certificate presented by the Respondent is falsified as corroborated by a handwriting expert and the conflicting dates thereon.The certified true copy shows that the mother of Locsin. The signature of the deceased was not found in the birth certificate. Indeed.that the father was the informant and it is with his Signature (2) presented Rosita Vencer of the LCR of Iloilo (3) “family” photos with his father’s dead body — alleging that they have been allowed to see Jhonny and was recognized by the family On the other hand. Held: Yes. Therefore. she was not able to use the ground to compel acknowledgment through the courts. as it gives Adrian the right to file his petition for recognition within 4 years from attaining Held: No. voluntary recognition through authentic writing. files for the petition for the letters of administration. RTC dismissed the petition. The birth certificate presented by the petitioner heirs was given more weight as it came from the Civil Registry General. BERNABE V ALEJO majority age. the authentic copy on file in that office was removed and substituted with a falsified Certificate of Live Birth. The action for recognition should have been filed during the lifetime of the alleged father to give him the opportunity to either affirm or deny the child’s filiation. Fiscal inanakan ang secretary. 2002 Facts: This case involves the issue of whether Juan Locsin is a child of the deceased. who will inherit from her? Who will inherit from Guillermo? Guillerma Rustia. To prove that he is indeed the son of the deceased. was not convincing. their children and their children. Is Guillerma an illegitimate child of Guillermo? No. When entries in the certificate of live birth recorded in the LCR vary from those appearing in the copy transmitted to the Civil Registry General. Moreover. This vested right was no impaired or taken away by the passage of the Family Code. who claims to be an illegitimate child of the Guillermo with another woman. The latter filed a complaint that Adrian be declared and acknowledged as an illegitimate child of Fiscal Bernabe and thus entitled to Bernabe’s estate which is not being held by Ernestina as the sole surviving heir. during the lifetime of their putative parents. Article 285 of the Civil Code is a substantive law. the petitioners present the Certified True Copy of the Birth Certificate from the Civil Registry General. Bernabe files before the SC. Adrian was only 7 years old when the Family Code took effect and only 12 when his alleged father died in 1993. The minor must be given his day in court. Issue: W/N Juan Locsin Jr.. A copy of the document sent by the LCR to the CRG should be identical in form and in substance. The ampun-ampunan of the couple also claim to be entitled to the inheritance. They aver that the same was reported by his mother and does not contain any signature of the deceased. In the interest of justice. CA reversed the petition. Access to local civil registries are easier compared to the civil registry general. She was not able to explain why the back page of the bound volume was torn among others. Therefore. The testimony of Vencer explaining with regard to the suspicious characteristic of the bound volume where the certificate was found. he presented the following evidences: (1) machine copy of his birth certificate . Since Josefa died first. birth certificate from the LCR of Iloilo was falsified August 28. Such evidence is not sufficient proof to establish paternity and filiation. The enactment of the Family Code did not take away that right. he has failed to prove his filiation with the deceased and thus not an interested party entitled to the issuance of letters of administration. Although there was no doubt that she possessed the status of an illegitimate child from her birth until the death of her putative father. DE DAMIAN Facts: The late fiscal Bernabe fathered a child with his secretary Carolina Alejo. Failed to raise it during Guillermo’s lifetime Facts: This case involves the estate of Josefa and Guillermo Rustia. pursuant to the Civil Registry Law. The documents bound into one volume are original copies while the birth certificate of Locsin Jr is a carbon copy. Adrian should be allowed to prove that he was the illegitimate son of Fiscal Bernabe. As respondent aptly points out in his Memorandum. Respondent filed a petition before the RTC for the administration of the estate of his alleged father. The law allows this be done only during the lifetime of the .

She went to Manila and there she gave birth to Verna Aiza Posada. Only an adoption made through the court. she wrote to her paramour saying that she fears that she is pregnant. Taken together with the other relevant facts extant herein — that Dominique.are convincing and irrefutable evidence that Verna Aiza is.000 for exemplary damages and Php 10. Jenie got pregnant. petitioner’s illegitimate child. SC ruled that the lawful heirs of Guillermo Rustia are the remaining claimants. Teofisto Verceles. Issue: W/N paternity and filiation can be resolved in an action for damages with support pendente lite Yes. DELA CRUZ V GARCIA unsigned handwritten document given weight by the SC as it was corroborated by other evidences and was not disputed by any party. love letter was considered as a private handwritten document amounting to an acknowledgment that Posada’s child is his illegitimate child Facts: Posada and Mayor of Pandan. father died 2 months prior to the birth of the child Facts: Dominique and Jenie lived in together in Dominique’s parents’ house with out the benefit of marriage. in his handwriting: “As of right now I have my wife named Jenie del Cruz. Yes. Rizal. Clarissa was already an adult at the time she had an affair with the petitioner. The report card of Guillerma does not qualify as authentic writings under the new Civil Code as it did not contain the signature of Guillermo. Tereza. What is determinative is the averments in the petition and the character of the relief sought. during his lifetime. when she missed her period. Eventually. nieces and nephews. the dates. and Jenie were living together as common-law spouses for several months in 2005 at . or in pursuance with the procedure laid down by law is valid in jurisdiction. Dominique died 2 months prior to to the birth of the child Jenie applied before the Office of the City Registrar of Antipolo the Certificate of Live Birth of her child together with: a) Affidavit to Use the Surname of the Father b) Above document was attached with the “AUTOBIOGRAPHY” which Dominique wrote during his lifetime. Mayor replies saying that she should be glad if true. She invoked Article 176 of the FC amended by RA 9255 which provides that illegitimate children may use the surname of the father if they are expressly recognized through the record of birth appearing in the civil register. In this case. The claim for voluntary recognition must also fail. the exchange of love letters and support he gave during Clarissa’s pregnancy. it is in itself a voluntary recognition that does not require a separate action for judicial approval.000 for moral and Php15. The fact that his name appears there as her parent/ guardian holds no weight since he had no participation in the preparation. The caption is not determinative of the nature of a pleading.child or the lifetime of the parent. VERCELES V POSADA mayor had an affair with his casual employee. pictures and testimonies. he had continuously acknowledged his unborn child. to us. The letters of petitioner are declarations that lead nowhere but to the conclusion that he sired Verna Aiza. Petitioner also admitted in his memorandum that he had an affair with Clarissa. However. These are private handwritten instruments of petitioner which established Verna Aiza’s filiation under Article 172(2) of the Family Code. the action to compel the putative father to acknowledge such illegitimate child has already prescribed upon the death of Guillermo.000 for exemplary to her parents.000 to the Verna Aiza and Php30. there is no dispute that the earlier quoted statements in Dominique’s Autobiography have been made and written by him. Then we fell in love with each other. W/N filiation of Verne Aiza as the illegitimate child of Verceles was proven Any authentic writing is treated not just a ground for compulsory recognition. consisting of his sisters. the array of evidence presented by respondents. The ampun-ampunan of the spouses are also not entitled to any inheritance as they were not validly adopted. or when an admission in a public document or private handwritten instrument . Ruling: Petition Granted. Thus. that are controlling. RTC dismissed the petition becauseautobiography was unsigned and did not contain any express recognition of paternity Issue: W/N the unsigned handwritten documents of the deceased father of minor Christian Dela Cruz can be considered as a recognition of paternity in a “private handwritten instrument” within the contemplation of Article 176 of the FC as amended by 9255. The RTC ordered petitioner to give a monthly support of Php2. In addition.000 for exemplary to Clarissa and Php15. The newspaper clipping of the obituary of Josefa allegedly prepared by Guillermo which states that Guillerma is his illegitimate child cannot also pass. as of right now she is pregnant and for that we live together in our house now. indeed. letters. we met each other in our hometown. CA affirmed the judgment and modified the party to whom the Mayor should give moral and exemplary damages to. Consequently. in the handwriting of Guillermo himself and signed by him. then we became good couples. Php15. This includes a public instrument or a private writing admitted by the father to be his.” c) Affidavit of Acknowledgment . had an affair after the former had succumbed to the lust of the latter.000 for attorney’s fees.. W/N respondents are entitled to damages No damages. is understood as a genuine or indubitable writing of the parent. Jenie maintained that the Autobiography executed by Dominique constitutes an admission of paternity in a “private handwritten instrument” within the contemplation of the above-quoted provision of law. Jenie filed a complaint ffor injunction/registration of name against respondent before the RTC.000 for moral damages and Php30. What would pass is the original manuscript of the notice. There is also nothing in jurisprudence or in law that entitles the parents of a consenting adult who begets a love child to damages.executed by the father of Dominique Both affidavits attested that during the lifetime of Dominique.000 for moral and Php15. for purposes of voluntary recognition. In the case at bar. An authentic writing. Petitioner brings the case to the SC. The mother of Clarissa filed a complaint for damages coupled with support against the petitioner. and that his paternity had never been questioned. the averments of Clarissa clearly establish a case for recognition of paternity. Gracia however denied the application because the child was born out of wedlock.

specially of illegitimate children. Divina gave birth to Gliffze. if suffices that the claim of filiation therein be shown to have een made and handwritten by the acknowledging parent as it merely corroborative of such other evidence. She now files a complaint for the compulsory recognition and support pendente lite claiming that Gliffze is his son. He only stated that he did have such on a later date. Issue: W/N CA erred in its ruling. her entitlement to support from petitioner is dependent on the determination of her filiation. He has consistently denied it.his parents’ house. Our laws instruct that the welfare of the child shall be the paramount consideration in resolving questions affecting him pursuant to Article 3(1) of the UN Convention on the Rights of a Child of which the Philippines is a signatory. totality of evidence shows that Gliffze is their child. She was pregnant when Dominique died and about two months later his death. Jenie gave birth to he child —they sufficiently established that the child of Jenie is Dominique’s. nonetheless. The petitioner did not deny that he did have sexual encounters with Divina. Gotardo denied the paternity. SC Rules on the requirement of affixing the signature of the acknowledging parent: 1. It is. the Court stressed that there are 4 significant procedural aspects of a traditional paternity action that parties have to face. There was no showing that petitioner performed any overt act of acknowldgement of Arhbencel as his illegitimate child after the execution of the note. However. it instructs that the notarial agreement must be accompanied by the putative father’s admission of filiation to be an acceptable evidence of filiation. claimed that he was forced to make that handwritten document. Later on. NEPOMUCENO V LOPEZ Arhbencel is not the illegitimate child of Benhur. (3) presumption of legitimacy and (4) physical resemblance between the putative father and the child. Facts: Divina Buling is a casual employee in a bank where Gotardo is an accounting supervisor. Rodulfo as witness. Alba. fails under Article 195(4) [Parents and their illegitimate children obliged to support each other]. Arhbencel. in such case the father has the burden of proof. gave credence to the testimony of Divina reinstated the Php2. The birth certificate has no probative value as it was not signed by the father. CA reversed the trial courts ruling . This was corroborated by the testimony of Rodulfo. It is thus the policy of the Family Code to liberalize the rule on the investigation of the paternity and filiation of children. was begotten out of an extramarital affair of Benhur with Araceli. They amicably settled the case. not only has petitioner not admitted filiation through acts. Gotardo backed out. The Court is mindful that the best interests of the child involving paternity and filiation should be advanced. ordered petitioner to recognize his son. Ruling: No. for it is not even notarized. the petitioner.000/month. Divina testified. RTC dismissed the case for insufficiency of evidence. It is therefore not within the ambit of Article 172(2) vis-a-vis Article 175 of the Family Code which admits as competent evidence of illegitimate filiation an admission of filiation in a private handwritten instrument signed by the parent concerned. Facts: Child. the handwritten document stating the agreement to support is not in the ambit of Art 172 (2) as it is does not contain anything about filiation. the respondent established a prima facie case that the petitioner is the putative father of Gliffze through testimony that she had been sexually involved only with one man. however. private handwritten instrument = corroborated or accompanied by other relevant and competent evidence. RTC granted the respondent’s motion for support pendente lite in the amount of Php2. The two had sexual relations as they rented a room in a boarding house which was owned by Rodulfo. The putative father has 2 available defenses (1) incapability of sexual relations with the mother due to either physical absence or impotency.petitioner acted in bad faith in omitting the statement of paternity in his handwritten undertaking . petitioner’s handwritten undertaking to provide support did not contain an acknowledgement that Arhbencel is his child. Araceli was able to obtain a “private handwritten document” She goes to the court for her child to be recognized as the illegitimate child of the petitioner and that support be given. exploitation and other conditions prejudicial to their development. Too. ordered that the support pendente lite be returned.000. or (2) that the mother had sexual relations with other men at the time of conception.payment of hospital bills when she gave birth . (2) affirmative defenses. at the time of her conception. (1) a prima facie case . Certificate of Birth was not a prima facie evidence of her filiation to petitioner as it did not bear petitioner’s signature. CA reversed the RTC ruling. did not give any evidence but only presented testimony of Rodulfo and her own. In Herrera vs. however. Divina consequently became pregnant and the wedding plans ensued. In Herrera. The note cannot be accorded the same weight as the notarial agreement to support the child referred to in Herrera.wherein the woman declares and such declaration is corroborated by proof. Here. He refused to sign the birth certificate of Arhbencel.Php 8000/month is reasonable amount for support Issue: W/N the handwritten undertaking which does not have an expressed acknowledgment of filiation is within the contemplation of Article 176 as amended by RA 9255 Held: Arhbencel’s demand for support. RTC granted Arhbencel support pendente lite in the amount of Php 3. petitioner was not able to substantiate his allegations of respondent’s infidelity In this case. just as mindful of the disturbance that unfounded paternity suits cause to the privacy and peace of the putative father. As such.000 support/month. the State as parens patriae affords special protection to children from abuse. RTC dismissed the case for insufficiency of evidence. She filed a complaint for damages against the petitioner for breach of promise to marry. . Benhur however.commitment to give support . being based on her claim of filiation to petitioner as his illegitimate daughter. private handwritten instrument = lone evidence = must be signed by the acknowledging parent 2. GOTARDO V BULING the accounting supervisor had an affair with a casual employee. The handwritten undertaking does not contain anything about filiation.

he only came to Manila after he graduated . The circumstances stated in the testimony of Randy cannot be considered as an open and continuous possession of the status of an illegitimate child under the 2nd par. not accidentally but continuously. he failed to substantiate his allegations of infidelity and insinuations of promiscuity. Mirasol failed to prove paternity Facts: Mirasol Baring and Antonio Perla lived in for 2 years without the benefit of marriage Randy is their lovechild. . Antonio became a seaman and eventually abandoned them. this ended when she refused the offer of Salas’s family to get the child in exchange for some money for her to go abroad. the totality of the repsondent’s testimony positively and convincingly shows that no real inconsistency exists. An order for support may create unwholesome situation or may be an irritant to the family or the lives of the parties so that it must be issued only if paternity or filiation is established by clear and convincing evidence. Certificate of Live Birth 2. The respondent has consistenly asserted that she started sexual relations with the petitioner sometime September 1993. action for support. She merely testified that she last met with Antonio in 1983 but could not remember the particular month. entitling Christian Paulo the monthly support of Php2.The benefit of the record of birth in the civil registry which bears acknowldgment signed by Salas . The father’s conduct towards his son must be spontaneous and uninterrupted for this ground to exist. the owner of the apartment who corroborated the claims of Matsusalem.Baptismal Certificate . Antonio’s admission of sexual intercourse with Mirasol does not likewise by any means strengthen respondents’ theory that he fathered Randy. She files this complaint for Support in the RTC. . Most important. The crucial period is during the early part of 24 year old mothered a child to a 54 year old who pretended to be widower. Mirasol’s testimony contained the ff facts: ✓ Antonio and she supplied the information on the birth certificate ✓ Erlinda supplied the date and place of the marriage of the parents 5. A high standard of proof is required to establish paternity and filiation. It was incumbent upon Mirasol to prove that she had sexual intercourse with Antonio period to the usual period of pregnancy or 9 months before the birth of Randy. nothing from Mirasol’s testimony indicates that she had sexual intercourse with Antonio during that time. which cannot be attributed to pure charity. testimony of Aurora Dacay (neighbor) contained the ff facts: ✓ knew of their relationship ✓ the mother of Antonio even tried to get Randy from Mirasol .at that time he was studying in Iloilo . They lived in an apartment which was rented by Salas and the latter shouldered all the expenses in the hospital when Matsusalem gave birth to Christian Paulo Salas. However. SC sustained the award of support of Php 2. Baptismal Certificate can only serve as evidence of the administration of the sacrament on the date specified but not on the veracity of the entries with respect to the child’s paternity. Salas told Matsusalem that he was a widower.000 per month. Mirasol filed for a complaint for support and presented the ff as evidence: 1. CA affirmed the RTC ruling . of Article 172(1). RTC granted the petition to support Randy since Antonio admitted that he had sex with Mirasol.There were also unexplained discrepancies with regard to Antonio’s personal circumstances.denied having any relationship with Mirasol . it was Mirasol who signed as informant which she confirmed on the witness stand. denied by the SC for insufficiency of evidence Facts: Annabelle Matsusalem. highlighted the vacillatio in the testimony of Antonio regarding that number of times he had sex with Mirasol and concluded that the same is a clear badge of his lack of candor — a good reason to disregard his denial the first quarter of 1983. Respondents failed to establish Randy’s illegitimate filiation to Antonio. CA upheld the filiation based on the birth certificates. 54 years old had an affair.testimony of Daisy (the daughter of the hilot): ✓ it is known that Randy has no acknowledged father Antonio however has his own family now and that he denies that he ever lived in with Mirasol and he sought moral damages. Must reveal not only the conviction of paternity but also the apparent desire to have an treat the child as such in all relations of society and in life. RTC ruled in favor of the respondent.claimed that he had sexual intercourse with Mirasol only once which happened in the Month of September or October of 1981. There are no other acts of Antonio treating Randy as his son. She claims that: .presented the Birth certificate which did not have the signature of petitioner . he denies that he is the father. PERLA V BARING Issue: W/N lower courts ruled correctly to order petitioner to support Randy SALAS V MATUSALEM Filiation must be established first before entitling Randy for support. 24 years old and Narciso Salas.petitioner knew about her child with the Italian .presented the testimony of Murillo.Statement of Account from Good Samaritan General Hospital Petitioner claims that he does not have relations with Annabelle and that he only shouldered all the expenses for the sake of charity. Order for Support has no basis.However. Evidently. The single instance that Antonio allegedly hugged Randy and promised to support him cannot be considered as proof of continuous possession of the status of a child. However.petitioner promised to take care of her and marry her . Randy would go to Antonio’s sister’s house and that he called him Papa and that the latter promised to support him 4.000/ month. Salas purportedly gave support to Matsusalem. His allegations therefore cannot be given credence for lack of evidenciary support. Birth Certificate and Baptismal Certificate have no probative value as they did not bear the signature of the father nor that it was proved that the documents were prepared by him.only knew that he was the putative father when Mirasol charged him with abandonment Held: No. Such possession must be evidence of manifestations of parental affection and case. Filiation must first be established before Randy can be entitled for support.Pictures . He claims that: . Baptismal Certificate 3.

. who was born during the marriage of his parents has sufficiently proved that he is the legitimate child of spouses Alfredo and Candelaria Aguilar.no signature of the father. Under the CC. Thus. The SSS Form E-1 satisfies the requirement for proof of filiation in a public document or a private handwritten instrument and signed by the parent concerned. it is in itself a voluntary recognition that does not require a separate action for judicial approval. walking with her in the hospital halls. in the first place. It was only after Matsusalem refused to take the offer of the family of Salas when they stopped giving support. Murillo saw the active support of Salas during the labor of Matsusalem by massaging her belly. were not disqualified by any impediment to marry each other. document is a consummated act of acknowledgment of the child. Ruled in favor of the respondent. 3. a public instrument subscribed and made under oath by Alfredo Aguilar during his employment in BMMC. it must be concluded that petitioner. Petitioner Salas had already died. This Court has ruled that a high standard of proof is required to establish paternity and filiation. (6) Testimonies of witness . RULE UNDER THE CIVIL CODE. The case should not have been so difficult for the petitioner if he only procured his birth certificate from the NSO. . Chapter 4: Legitimated Children Art.Rodolfo is not a son of the spouses that as an act of charity. since succession pertains. Nonetheless. It also held that a child born during the marriage of his parents. and no further court action is required. Rodolfo Aguilar is the legitimate child of spouses Candelaria SiasatAguilar and Alfredo Aguilar Facts: Rodolfo Aguilar claims to be the son of the deceased spouses Candelaria Siasat-Aguilar and Alfredo Aguilar. Finally. Held: (1) Birth Certificate .not conclusive because it was not signed by the putative father nor was there any admission of filiation stated.by themselves are not competent proof of paternity. The due recognition is such The child must have been conceived and born outside wedlock. Any authentic writing is treated not just a ground for compulsory recognition.inconclusive evidence (4) Statement of Account from Good Samaritan Hospital . Even if the records in Bacolod were destroyed. CA affirmed the RTC decision Issue: W/N the SSS E-1 form. Only children conceived and born outside of wedlock of parents who. The heirs may substitute for the deceased. to the descending direct line.testimony of Murillo was never rebutted Issue: W/N the filiation of Christian Paulo was duly established. He is not related in any way to the spouses. a public document can establish filiation of Rodolfo. since Rodolfo has sufficiently proven that he is the legitimate heir of the deceased spouses. The subsequent valid marriage of the paretns Recognition is no longer an essential requisite for legitimation.. The totality of of respondent’s evidence failed to establish Christian Paulo’s filiation to the petitioner. which bears his signature and thumb marks and indicates that petitioner is his son and dependent ✓ Letter of BMMC Secretary addressed to BMMC supervisor that petitioner as Alfredo Aguilar’s son and recommending employment ✓ Certification by the Bacolod Civil Registry to the effect that record of births during the period 1945. the owner of the apartment Salas rented for Matsusalem and the child.the fact was established by the testimony of Murrilo. the action for support having been filed in the RTC while the petitioner was still alive is not barred under Article 175(2) of the Family Code. Requisites: 1. The child’s parents. such record would still be found in NSO. the respondent. In De Jesus vs. were not disqualified by any impediment to marry each other may be legitimated. they took him in and took care of him.1946 were all destroyed by nature. the Siasats inherited Candelaria’s estate. The ff evidence were presented: ✓ school records where it stated that Alfredo is his father ✓ individual income tax return which indicated that Candelaria is his mother ✓ Alfredo’s SSS Form E-1. at the time of the conception of the former. . 177. was not proven that the putative father had any hand in its preparation (3) Photos . It is enough that his filiation be established as evidence. The marriage ipso facto renders the child legitimated. Rodolfo Aguilar filed a Held: Yes.spouses died with no issue as evidenced by the affidavit executed by no other than Candelaria that she has no children . hence no true copies of the Certificate of Live Birth of petitioner could be issued Edna on the other hand claims that she is the heir and her contention are as follows: . Dizon. Edna Siasat has no right to inherit from her aunt Candelaria Siasat-Aguilar’s estate.incompetent evidence because petitioner admitted that he shouldered the expenses as an act of charity (5) Handwritten Notes . it must be presumed that such child is the legitimate child of the spouses. AGUILAR V SIASAT civil case for mandatory injunction with damages against respondent Edna Siasat for stealing the property titles which rightly belongs to Aguilar as the sole heir of the Spouses Aguilar. 2. SSS E-1 Form is a public document conclusive evidence of filiation.no signature of the father (2) Baptismal Certificate were not given probative value. the Court held that the filiation of legitimate children can also be established by an admission of legitimate filiation in a public document or a private handwritten and signed by the parent concerned.that she rightly inherited the estate of Candelaria because Alfredo predeceased Candelaria and that when the latter died. only natural . RTC dismissed the case. at the time of the former’s conception.

Only those who will be prejudiced in their rights can impugn the legitimation of a child. b) c) d) e) Art. Children who fit under the definition of children by legal fiction CANNOT be legitimated. the Department of Foreign Affairs (DFA). 178. otherwise known as the "Family Code of the Philippines". 181. in consultation with the chairpersons of the Committee on Revision of Laws of the House of Representatives and the Committee on Youth. Illegitimate children who could be legitimated under the CC but disqualified under the FC may still be raised to the level of legitimate children through adoption. rights and privileges of legitimate children. no prescriptive period was provided. Those born of parents who got married before an unauthorized officer and the parents contracted a new marriage before an authorized one. it id believed that no legitimation had taken place. 182. some natural children by legal fiction can be legitimated such as: The causes for annulment of voidable marriages are found in Art 45 and the prescriptive periods for the actions are found in Art 47.) NOT ALL ILLEGITIMATE CHILDREN CAN BE LEGITIMATED. if the marriage was VOID AB INITIO and had been declared as such. the child is given the rights and privileges of a legitimate child FROM THE TIME OF BIRTH rather than from the time of the marriage. 9858 AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS BELOW MARRYING AGE. Legitimation shall take place by a subsequent valid marriage between parents. Implementing Rules. 177. 178. upon his death. ADOPTION. Art. However. The legitimation is not affected if the marriage was annulled subsequently for being voidable. The action must be filed WITHIN 5 years from the accrual of the cause if action. no legitimation can take place. Legitimated children have the same status. is survived by children or descendants. Article 177 of Executive Order No. is hereby further amended to read as follows: "Art. the Council for the Welfare of Children. under which he will have the full opportunity to enjoy the blessings attached to the status of a legitimate child including the right to inherit from some relatives of his parents EVEN BEFORE the actual marriage of the latter. Legitimated children shall enjoy the same rights as legitimate children. the Department of Justice (DOJ). Under the FC and CC. the distinctions between different kinds of illegitimate children have been eliminated. Women and Family Relations of the Senate. were not disqualified by any impediment to marry each other. AS AMENDED Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. . the latter will enjoy the benefits of the legitimation. The annulment of a voidable marriage shall not affect the legitimation. Legitimation may be impugned only by those who are prejudiced in their rights. Without the subsequent valid marriage between the parents of the illegitimate child. Those born of parents who got married without a marriage license (where license was required) and the parents contracted a subsequent valid marriage." Section 2. at the time of conception of the former.) Art. may be legitimated. Under the FC. By way of exception. Strangers have no right to question the legitimation of a child. and Children conceived after (not before) the decree of annulment of a voidable marriage. The effects of legitimation shall retroact to the time of the child's birth. The annulment of a voidable marriage shall not affect the legitimation. Art. – The civil Registrar General shall. 179. Children born out of the VOID marriages under Art 36 and Art 53 are legitimate. AMENDING FOR THE PURPOSE THE FAMILY CODE OF THE PHILIPPINES. This article covers the situation where the child dies before the celebration of marriage of his parents. Under the CC. (The article only speaks of VOIDABLE marriages.children can be legitimated.pediments at the time of the child’s conception  The subsequent marriage of the parents is void REPUBLIC ACT NO. the child remains to be considered a legitimate child of both parents. Legitimation shall take place by a subsequent valid marriage between parents. or were so disqualified only because either or both of them were below eighteen (18) years of age. If the legitimated child. Children conceived and born outside of wedlock of parents who. However the principle still applies that only children who fit into the definition of natural child proper under the Civil Code can be legitimated. REMEDY OF ILLEGITMATE CHILDREN WHO CANNOT BE LEGITIMATED. within five years from the time their cause of action accrues. a) Those born of couples who married while below the allowable marrying age but who contracted a new marriage after reaching the proper age. the office of the Supreme Court Administrator. Those born of bigamous marriages but where the parents married each other upon the widowhood of the disqualified parent. 180. as amended. Art. 209. (But that is not legitimation for legitimation involves a child born illegitimate from the start. The legitimation of children who died before the celebration of the marriage shall benefit their descendants. In which case." "Art. Grounds of Impugnation  The child is not the child of the parents  The child is not qualifeid as when his parents were suffering from certain i.

– As used in this Act. and other vices. or exposed to gambling. or neglected children are the most expeditious proceedings for the best interest and welfare of the child. (4) Neglected Child refers to a child whose basic needs have been deliberately unattended or inadequately attended within a period of three (3) continuous months. the State shall extend such assistance in the most expeditious manner in the interest of full emotional and social development of the abandoned. surrendered. Section 4. 8043. the agency or institution does so with the consent of the child's custodian. executive orders. (6) Voluntarily Committed Child is one whose parent(s) or legal guardian knowingly and willingly relinquished parental authority to the DSWD or any duly accredited child-placement or child-caring agency or institution. Section 3. Section 1. 9523 AN ACT REQUIRING CERTIFICATION OF THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) TO DECLARE A "CHILD LEGALLY AVAILABLE FOR ADOPTION" AS A PREREQUISITE FOR ADOPTION PROCEEDINGS. or neglected child. or provincial. (3) Abandoned Child refers to a child who has no proper parental care or guardianship. (12) Social Case Study Report (SCSR) shall refer to a written report of the result of an assessment conducted by a licensed social worker as to the social-cultural economic condition. surrendered. ill-clad. if the child is under the custody of any other individual. Section. neglect. or whose parent(s) have deserted him/her for a period of at least three (3) continuous months. or one who was voluntarily committed by his/her parent(s) or legal guardian. – This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of national circulation. the following terms shall mean: (1) Department of Social Welfare and Development (DSWD) is the agency charged to implement the provisions of this Act and shall have the sole authority to issue the certification declaring a child legally available for adoption. OTHERWISE KNOWN AS THE DOMESTIC ADOPTION ACT OF 1998. issue the necessary rules/regulations for the effective implementation of this Act not later than one (1) month from its effectivity. cruelty. OTHERWISE KNOWN AS THE INTER-COUNTRY ADOPTION ACT OF 1995. city. 603. overworked. . Definition of Terms. Effectivity Clause. proclamations and/or administrative regulations which are inconsistent with the provisions of this Act are hereby amended. or neglected. seduced. and without proper shelter.the Philippine Association of Civil Registrars (PACR) and the UP Law Center. superseded or repealed accordingly. It is hereby recognized that administrative processes under the jurisdiction of the Department of Social Welfare and Development for (5) Child Legally Available for Adoption refers to a child in whose favor a certification was issued by the DSWD that he/she is legally available for adoption after the fact of abandonment or neglect has been proven through the submission of pertinent documents. Declaration of Policy. (10) Secretary refers to the Secretary of the DSWD or his duly authorized representative. prostitution. 2. PRESIDENTIAL DECREE NO. REPUBLIC ACT NO. non-governmental organization. raped. or voluntarily committed children. AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. (b) There is emotional neglect when the child is maltreated. exploited. or municipal Social Welfare Development Officer who has actual custody of the minor and who files a certification to declare such child legally available for adoption. (8) Child-placing agency or institution refers to a private non-profit institution or government agency duly accredited by the DWSD that receives and processes applicants to become foster or adoptive parents and facilitate placement of children eligible for foster care or adoption. (9) Petitioner refers to the head or executive director of a licensed or accredited child-caring or child-placing agency or institution managed by the government. Neglect may occur in two (2) ways: (a) There is physical neglect when the child is malnourished. – It is hereby declared the policy of the State that alternative protection and assistance shall be afforded to every child who is abandoned. or is made to beg in the streets or public places. Repealing Clause. (2) Child refers to a person below eighteen (18) years of age or a person over eighteen (18) years of age but is unable to fully take care of him/herself or protect himself/herself from abuse. In this regard. (7) Child-caring agency or institution refers to a private non-profit or government agency duly accredited by the DSWD that provides twenty-four (24) hour residential care services for abandoned. psychosocial background. OTHERWISE KNOWN AS THE CHILD AND YOUTH WELFARE CODE. or made to work under conditions not conducive to good health. surrendered. or when children are in moral danger. 8552. The report shall also state the efforts of social worker to locate the child's biological parents/relatives. (11) Conspicuous Place shall refer to a place frequented by the public. A child is unattended when left by himself/herself without proper provisions and/or without proper supervision. REPUBLIC ACT NO. AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: the declaration of a child legally available for adoption of abandoned. which includes a founding. or. neglected. modified. where by notice of the petition shall be posted for information of any interested person. current functioning and facts of abandonment or neglect of the child. – All laws. local government unit. presidential decrees. or discrimination because of physical or mental disability or condition. exploitation.

(c) Police report or barangay certification from the locality where the child was found or a certified copy of a tracing report issued by the Philippine National Red Cross (PNRC). institution. In case of voluntary commitment as contemplated in Article 154 of Presidential Decree No. Social Service Division. is hereby tasked to draft the implementing rules and regulations of this Act within sixty (60) days following its complete publication. – The penalty of One hundred thousand pesos (P100. and (d) Returned registered mail to the last known address of the parent(s) or known relatives. The petition shall be supported by the following documents: (1) Social Case Study Report made by the DSWD. thus making the entire process administrative in nature. National Headquarters (NHQ). Petition. Certification.000. Section. Section 8. as provided in Republic Act No. for all intents and purposes. The Regional Director shall act on the same and shall render a recommendation not later than five (5) working days after the completion of its posting. Upon petition filed with the DSWD. otherwise the same shall be final and executory. – The certification that a child is legally available for adoption shall be issued by the DSWD in lieu of a judicial order. (2) Proof that efforts were made to locate the parent(s) or any known relatives of the child. He/she shall transmit a copy of his/her recommendation and records to the Office of the Secretary within forty-eight (48) hours from the date of the recommendation. the child's parents could not be found. if available. or agency who shall place a child for adoption without the certification that the child is legally available for adoption issued by the DSWD. 8552 and in an intercountry adoption proceeding. – The decision of the Secretary shall be appealable to the Court of Appeals within five (5) days from receipt of the decision by the petitioner. 603 shall be issued by the DSWD within three (3) months following such involuntary commitment. licensed or accredited child-caring or child-placing agency or institution charged with the custody of the child. the primary evidence that the child is legally available in a domestic adoption proceeding. Upon effectivity of this Act and pending the completion of the drafting of the implementing rules and regulations. Section 4. Section 10. Within seven (7) working days. (b) Publication in one (1) newspaper of general circulation. petitions for the issuance of a certification declaring a child legally available for adoption may be filled with the regional office of the DSWD where the child was found or abandoned. paragraph 4(a) and Article 142 of Presidential Decree No. (3) Birth certificate. Appeal. and (4) Recent photograph of the child and photograph of the child upon abandonment or admission to the agency or institution. Procedure for the Filing of the Petition. the parent(s) or legal guardian who voluntarily committed a child may recover legal custody and parental authority over him/her from the agency or institution to which such child was voluntarily committed when it is shown to the satisfaction of the DSWD that the parent(s) or legal guardian is in a position to adequately provide for the needs of the child: Provided. the petition for restoration is filed within (3) months after the signing of the Deed of Voluntary Commitment.Section 3. – The certificate declaring a child legally available for adoption in case of an involuntarily committed child under Article 141. the Secretary shall issue a certification declaring the child legally available for adoption within seven (7) working days from receipt of the recommendation. 9. – The petition shall be in the form of an affidavit. The Regional Director shall examine the petition and its supporting documents. Implementing Rules and Regulations. the local civil registrar shall transmit the founding certificate to the National Statistic Office (NSO). as provided in Republic Act No. Section 7. local government unit. Any agency or institution found violating any provision of this Act shall have its license to operate revoked without prejudice to the criminal prosecution of its officers and employees. – Upon finding merit in the petition. That. by itself shall be the sole basis for the immediate issuance by the local civil registrar of a foundling certificate. 603. . Section 6. Penalty. The following shall be considered sufficient: (a) Written certification from a local or national radio or television station that the case was aired on three (3) different occasions. together with the Council for Welfare of Children. Declaration of Availability for Adoption. if sufficient in form and substance and shall authorize the posting of the notice of the petition conspicuous place for five (5) consecutive days in the locality where the child was found. – The DSWD. shall be. Declaration of Availability for Adoption of Involuntarily Committed Child and Voluntarily Committed Child. Said certification. 8043. National Statistics Office and Office of the Civil Registrar. if any. the certification declaring the child legally available for adoption shall be issued by the Secretary within three (3) months following the filing of the Deed of Voluntary Commitment. which states that despite due diligence. It shall contain facts necessary to establish the merits of the petition and shall state the circumstances surrounding the abandonment or neglect of the child. The certification.00) shall be imposed on any person.00) to Two hundred thousand pesos (P200. subscribed and sworn to before any person authorized by law to administer oaths. two (2) representatives from licensed or accredited child-placing and child-caring agencies or institution. Section 5. – The petition shall be filed in the regional office of the DSWD where the child was found or abandoned.000. Inter-Country Adoption Board. as signed by the parent(s) with the DSWD.

ARTICLE II THE INTER-COUNTRY ADOPTION BOARD Sec. in accordance with the Child and Youth Welfare Code. further. Sec. Section 13. — The Board shall have the following powers and functions: (a) to prescribe rules and regulations as it may deem reasonably necessary to carry out the provisions of this Act. Chapter 1 of Title VII. (e) Authorized and accredited agency refers to the State welfare agency or a licensed adoption agency in the country of the adopting parents which provide comprehensive social services and which is duly recognized by the Department. (f) License and accredit child-caring/placement agencies and collaborate with them in the placement of Filipino children. executive order. and six (6) other members to be appointed by the President for a nonrenewable term of six (6) years: Provided. (h) Board refers to the Inter-country Adoption Board. placement. Separability Clause. and facilitate completion of adoption of the child through authorized and accredited agency. the State shall take measures to ensure that inter-country adoptions are allowed when the same shall prove beneficial to the child's best interests. and (h) Cancel the license to operate and blacklist the child-caring and placement agency or adoptive agency involved from the accreditation list of the Board upon a finding of violation of any provision under this Act. Section 12. Sec. It shall act as the policy-making body for purposes of carrying out the provisions of this Act. 4. in consultation and coordination with the Department. including suspension and/or dismissal from the government service and forfeiture of benefits. hereinafter referred to as the Board to act as the central authority in matters relating to inter-country adoption. detrimental. TITLE VII ADOPTION REPUBLIC ACT 8043 The Inter-Country Adoption Act of 1995 "AN ACT ESTABLISHING THE RULES TO GOVERN INTERCOUNTRY ADOPTION OF FILIPINO CHILDREN. The Inter-Country Adoption Board. 5. (c) Department refers to the Department of Social Welfare and Development of the Republic of the Philippines.500) for each meeting attended by them: Provided. Effectivity. Declaration of Policy. 3. – Sections 2(c)(iii). 603 and any law. That no compensation shall be paid for more than four (4) meetings a month. 8043. The members of the Board shall receive a per diem allowance of One thousand five hundred pesos (P1. the supervised trial custody is undertaken. (e) Promote the development of adoption services including postlegal adoption. and preserve confidential information about the child and the adoptive parents. it shall: (a) Protect the Filipino child from abuse. recognizing that inter-country adoption may be considered as allowing aliens not presently allowed by law to adopt Filipino children if such children cannot be adopted by qualified Filipino citizens or aliens. exploitation. AND FOR OTHER PURPOSES" Section 1. or regulation contrary to or inconsistent with the provisions of this Act are hereby reprealed." Sec. (g) Accredit and authorize foreign adoption agency in the placement of Filipino children in their own country. Towards this end. administrative order. after consultation and upon favorable recommendation of the different agencies concerned with the child-caring. the other provisions not affected thereby shall remain valid and subsisting.Violation of any provision of this Act shall subject the government official or employee concerned to appropriate administrative. the different child-care and placement agencies. (d) Secretary refers to the Secretary of the Department of Social Welfare and Development. Composition of the Board. Sec. letter of instruction. (b) Collect. 2. Short Title. – This Act shall take effect fifteen (15) days following its complete publication in two (2) newspapers of general circulation or in the Official Gazette. (b) Child means a person below fifteen (15) years of age unless sooner emancipated by law. Definition of Terms. efforts shall be exerted to place the child with an adoptive family in the Philippines. — There is hereby created the Inter-Country Adoption Board. the term: (a) Inter-country adoption refers to the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed. and VIII of Presidential Decree No. Powers and Functions of the Board. maintain. — As used in this Act. 8552. or prejudicial to the child. — This Act shall be known as the "Inter-Country Adoption Act of 1995. follow up. and adoption. adoptive agencies. Section 11. As such. (f) Legally-free child means a child who has been voluntarily or involuntarily committed to the Department. (b) to set the guidelines for the convening of an Inter-country . trafficking and/or sale or any other practice in connection with adoption which is harmful. — It is hereby declared the policy of the State to provide every neglected and abandoned child with a family that will provide such child with love and care as well as opportunities for growth and development. (g) Matching refers to the judicious pairing of the adoptive child and the applicant to promote a mutually satisfying parent-child relationship. and shall serve and protect his/her fundamental rights. modified or amended accordingly. as well as non-governmental organizations engaged in child-care and placement activities. rule. and the decree of adoption is issued outside the Philippines. (e) and 8(a) of Republic Act No. one (1) registered social worker and two (2) representatives from non-governmental organizations engaged in child-caring and placement activities. However. – If any provision of this Act is held invalid or unconstitutional. That there shall be appointed one (1) psychiatrist or psychologist. Repealing Clause. (c) Monitor. two (2) lawyers who shall have at least the qualifications of a regional trial court judge. civil and/or criminal sanctions. — The Board shall be composed of the Secretary of the Department as ex officio Chairman. presidential decree. Section 3(f) of Republic Act No. 6. (d) Prevent improper financial or other gain in connection with an adoption and deter improper practices contrary to t his Act. 3(b).

Adoption Placement Committee which shall be under the direct
supervision of the Board;
(c) to set the guidelines for the manner by which
selection/matching of prospective adoptive parents and
adoptive child can be made;
(d) to determine a reasonable schedule of fees and charges
to be
exacted in connection with the application for adoption;
(e) to determine the form and contents of the application for intercountry adoption;
(g) to institute systems and procedures to prevent improper
financial gain in connection with adoption and deter improper
practices which are contrary to this Act;
(h) to promote the development of adoption services,
including
post-legal adoption services,
(i) to accredit and authorize foreign private adoption
agencies
which have demonstrated professionalism, competence and have
consistently pursued non-profit
objectives to engage in the
placement of Filipino children in their own country: Provided, That
such foreign private
agencies are duly authorized and accredited by
their own
government to conduct inter-country adoption: Provided,
however, That the total number of authorized and accredited
foreign private adoption agencies shall not exceed one hundred
(100) a year;
(j) to take appropriate measures to ensure confidentiality of the
records of the child, the natural parents and the adoptive
parents at
all times;
(k) to prepare, review or modify, and thereafter, recommend to the
Department of Foreign Affairs, Memoranda of Agreement respecting
inter-country adoption consistent with the implementation of this Act
and its stated goals, entered into, between and among foreign
governments, international organizations
and
recognized
international non-governmental organizations;
(l) to assist other concerned agencies and the courts in the
implementation of this Act, particularly as regards
coordination with foreign persons, agencies and other entities
involved in the process of adoption and the physical transfer of the
child; and
(m) to perform such other functions on matters relating to
intercountry adoption as may be determined by the
President.

ARTICLE III
PROCEDURE
Sec. 7. Inter-Country Adoption as the Last Resort. — The Board shall
ensure that all possibilities for adoption of the child under the Family
Code have been exhausted and that inter-country adoption is in the best
interest of the child. Towards this end, the Board shall set up the
guidelines to ensure that steps will be taken to place the child in the
Philippines before the child is placed for inter-country adoption:
Provided, however, That the maximum number that may be allowed for
foreign adoption shall not exceed six hundred (600) a year for the first
five (5) years.
Sec. 8. Who May be Adopted. — Only a legally free child may be the
subject of inter-country adoption. In order that such child may be
considered for placement, the following documents must be submitted
to the Board:
(a)Child study;
(b)Birth certificate/foundling certificate;
(c)Deed of voluntary commitment/decree of
abandonment/death certificate of parents;
(d)Medical evaluation /history;
(e)Psychological evaluation, as necessary; and
(f)Recent photo of the child.
Sec. 9. Who May Adopt. — An alien or a Filipino citizen permanently
residing abroad may file an application for inter-country adoption of a
Filipino child if he/she:
(a) is at least twenty-seven (27) years of age and at least sixteen
(16) years older than the child to be adopted, at the
time
of
application unless the adopter is the parent by nature of the child to
be adopted or the spouse of such parent:
(b) if married, his/her spouse must jointly file for the adoption;
(c) has the capacity to act and assume all rights and responsibilities
of parental authority under his national laws,
and has undergone
the appropriate counseling from an
accredited counselor in his/her
country;
(d) has not been convicted of a crime involving moral turpitude;
(e) is eligible to adopt under his/her national law;
(f) is in a position to provide the proper care and support and to
give the necessary moral values and example to all his children,

including the child to be adopted;
(g) agrees to uphold the basic rights of the child as embodied under
Philippine laws, the U.N. Convention on the Rights of the Child, and to
abide by the rules and regulations issued to implement the provisions
of this Act;
(h) comes from a country with whom the Philippines has diplomatic
relations and whose government maintains a
similarly authorized
and accredited agency and that adoption
is allowed under his/her
national laws; and
(i) possesses all the qualifications and none of the disqualifications
provided herein and in other applicable Philippine laws.
Sec. 10. Where to File Application. — An application to adopt a
Filipino child shall be filed either with the Philippine Regional Trial
Court having jurisdiction over the child, or with the Board, through an
intermediate agency, whether governmental or an authorized and
accredited agency, in the country of the prospective adoptive parents,
which application shall be in accordance with the requirements as set
forth in the implementing rules and regulations to be promulgated by
the Board.
The application shall be supported by the following documents written
and officially translated in English.
(a) Birth certificate of applicant(s);
(b) Marriage contract, if married, and divorce decree, if applicable;
(c) Written consent of their biological or adoptive children
above
ten years of age, in the form of sworn statement;
(d) Physical, medical and psychological evaluation by a duly
licensed physician and psychologist;
(e) Income tax returns or any document showing the
financial
capability of the applicant(s);
(f) Police clearance of applicant(s);
(g) Character reference from the local church/minister, the
applicant's employer and a member of the immediate community
who have known the applicant(s) for at least five (years; and
(h) Recent postcard-size pictures of the applicant(s) and his
immediate family;
The Rules of Court shall apply in case of adoption by judicial
proceedings.
Sec. 11. Family Selection/Matching. — No child shall be matched to a

foreign adoptive family unless it is satisfactorily shown that the child
cannot be adopted locally. The clearance, as issued by the Board, with
the copy of the minutes of the meetings, shall form part of the records
of the child to be adopted. When the Board is ready to transmit the
Placement Authority to the authorized and accredited inter-country
adoption agency and all the travel documents of the child are ready, the
adoptive parents, or any one of them, shall personally fetch the child in
the Philippines.

adoption agency as well as the repatriation to the Philippines of a
Filipino child whose adoption has not been approved.

Sec. 12. Pre-adoptive Placement Costs. — The applicant(s) shall bear
the following costs incidental to the placement of the child;
(a) The cost of bringing the child from the Philippines to the
residence of the applicant(s) abroad, including all travel
expenses within the Philippines and abroad; and
(b) The cost of passport, visa, medical examination and
psychological evaluation required, and other related expenses.

ARTICLE IV
PENALTIES

Sec. 13. Fees, Charges and Assessments. — Fees, charges, and
assessments collected by the Board in the exercise of its functions shall
be used solely to process applications for inter-country adoption and to
support the activities of the Board.
Sec. 14. Supervision of Trial Custody. — The governmental agency or
the authorized and accredited agency in the country of the adoptive
parents which filed the application for inter-country adoption shall be
responsible for the trial custody and the care of the child. It shall also
provide family counseling and other related services. The trial custody
shall be for a period of six (6) months from the time of placement. Only
after the lapse of the period of trial custody shall a decree of adoption
be issued in the said country a copy of which shall be sent to the Board
to form part of the records of the child.
During the trial custody, the adopting parent(s) shall submit to the
governmental agency or the authorized and accredited agency, which
shall in turn transmit a copy to the Board, a progress report of the
child's adjustment. The progress report shall be taken into consideration
in deciding whether or not to issue the decree of adoption.
The Department of Foreign Affairs shall set up a system by which
Filipino children sent abroad for trial custody are monitored and
checked as reported by the authorized and accredited inter-country

Sec. 15. Executive Agreements. — The Department of Foreign Affairs,
upon representation of the Board, shall cause the preparation of
Executive Agreements with countries of the foreign adoption agencies
to ensure the legitimate concurrence of said countries in upholding the
safeguards provided by this Act.

Sec. 16. Penalties. —
(a) Any person who shall knowingly participate in the conduct or
carrying out of an illegal adoption, in violation of the provisions of this
Act, shall be punished with a penalty of imprisonment ranging from six
(6) years and one (1) day to twelve (12) years and/or a fine of not less
than Fifty thousand pesos (P50,000), but not more than Two hundred
thousand pesos (P200.000), at the discretion of the court. For purposes
of this Act, an adoption is illegal if it is effected in any manner contrary
to the provisions of this Act or established State policies, its
implementing rules and regulations, executive agreements, and other
laws pertaining to adoption. Illegality may be presumed from the
following acts:
(1)consent for an adoption was acquired through, or attended by
coercion, fraud, improper material inducement;
(2)there is no authority from the Board to effect adoption;
(3)the procedures and safeguards placed under the law for adoption
were not complied with; and
(4)the child to be adopted is subjected to, or exposed to danger,
abuse and exploitation.
(b)Any person who shall violate established regulations relating to the
confidentiality and integrity of records, documents and
communications of adoption applications, cases and processes shall
suffer the penalty of imprisonment ranging from one (1) year and one
(1) day to two (2) years, and/or a fine of not less than Five thousand
pesos (P5,000), but not more than Ten thousand pesos (P10,000), at the
discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the
consummated felony under this Article shall be imposed upon the

principals of the attempt to commit any of the acts herein enumerated.
Acts punishable under this Article, when committed by a syndicate or
where it involves two or more children shall be considered as an
offense constituting child trafficking and shall merit the penalty of
reclusion perpetua.
Acts punishable under this Article are deemed committed by a
syndicate if carried out by a group of three (3) or more persons
conspiring and/or confederating with one another in carrying out any of
the unlawful acts defined under this Article.Penalties as are herein
provided shall be in addition to any other penalties which may be
imposed for the same acts punishable under other laws, ordinances,
executive orders, and proclamations.
Sec. 17. Public Officers as Offenders. — Any government official,
employee or functionary who shall be found guilty of violating any of
the provisions of this Act, or who shall conspire with private
individuals shall, in addition to the above-prescribed penalties, be
penalized in accordance with existing civil service laws, rules and
regulations: Provided, That upon the filing of a case, either
administrative or criminal, said government official, employee or
functionary concerned shall automatically suffer suspension until the
resolution of the case.
ARTICLE V
FINAL PROVISIONS
Sec. 18. Implementing Rules and Regulations. — The Inter-country
Adoption Board, in coordination with the Council for the Welfare of
Children, the Department of Foreign Affairs, and the Department of
Justice, after due consultation with agencies involved in child-care and
placement, shall promulgate the necessary rules and regulations to
implement the provisions of this Act within six (6) months after its
effectivity.
Sec. 19. Appropriations. — The amount of Five million pesos
(P5,000,000) is hereby appropriated from the proceeds of the Lotto for
the initial operations of the Board and subsequently the appropriations
of the same shall be included in the General Appropriations Act for the
year following its enactment.
Sec. 20. Separability Clause. — If any provision, or part hereof is held

invalid or unconstitutional, the remainder of the law or the provision
not otherwise affected, shall remain valid and subsisting.
Sec. 21. Repealing Clause. — Any law, decree, executive order,
administrative order or rules and regulations contrary to, or inconsistent
with the provisions of this Act are hereby repealed, modified or
amended accordingly.

Children and Cooperation in Respect of Intercountry Adoption. Toward
this end, the State shall provide alternative protection and assistance
through foster care or adoption for every child who is neglected,
orphaned, or abandoned.
(c) It shall also be a State policy to:

Sec. 22. Effectivity Clause. — This Act shall take effect fifteen (15)
days after its publication in two (2) newspapers of general circulation.

(i) Safeguard the biological parent(s) from making hurried
decisions to relinquish his/her parental authority over his/her
child;

REPUBLIC ACT NO. 8552

(ii) Prevent the child from unnecessary separation from his/her
biological parent(s);

AN ACT ESTABLISHING THE RULES AND POLICIES ON
THE DOMESTIC ADOPTION OF FILIPINO CHILDREN AND
FOR OTHER PURPOSES

(iii) Protect adoptive parent(s) from attempts to disturb his/her
parental authority and custody over his/her adopted child.

ARTICLE I
GENERAL PROVISIONS
Section 1. Short Title. – This Act shall be known as the "Domestic
Adoption Act of 1998."
Section 2. Declaration of Policies. – (a) It is hereby declared the policy
of the State to ensure that every child remains under the care and
custody of his/her parent(s) and be provided with love, care,
understanding and security towards the full and harmonious
development of his/her personality. Only when such efforts prove
insufficient and no appropriate placement or adoption within the child's
extended family is available shall adoption by an unrelated person be
considered.
(b) In all matters relating to the care, custody and adoption of a child,
his/her interest shall be the paramount consideration in accordance with
the tenets set forth in the United Nations (UN) Convention on the
Rights of the Child; UN Declaration on Social and Legal Principles
Relating to the Protection and Welfare of Children with Special
Reference to Foster Placement and Adoption, Nationally and
Internationally; and the Hague Convention on the Protection of

Any voluntary or involuntary termination of parental authority
shall be administratively or judicially declared so as to establish
the status of the child as "legally available for adoption" and
his/her custody transferred to the Department of Social Welfare
and Development or to any duly licensed and accredited childplacing or child-caring agency, which entity shall be authorized to
take steps for the permanent placement of the child;
(iv) Conduct public information and educational campaigns to
promote a positive environment for adoption;
(v) Ensure that sufficient capacity exists within government and
private sector agencies to handle adoption inquiries, process
domestic adoption applications, and offer adoption-related
services including, but not limited to, parent preparation and postadoption education and counseling; and
(vi) Encourage domestic adoption so as to preserve the child's
identity and culture in his/her native land, and only when this is
not available shall intercountry adoption be considered as a last
resort.

Section 3. Definition of Terms. – For purposes of this Act, the
following terms shall be defined as:
(a) "Child" is a person below eighteen (18) years of age.
(b) "A child legally available for adoption" refers to a child who
has been voluntarily or involuntarily committed to the Department
or to a duly licensed and accredited child-placing or child-caring
agency, freed of the parental authority of his/her biological
parent(s) or guardian or adopter(s) in case of rescission of
adoption.
(c) "Voluntarily committed child" is one whose parent(s)
knowingly and willingly relinquishes parental authority to the
Department.
(d) "Involuntarily committed child" is one whose parent(s), known
or unknown, has been permanently and judicially deprived of
parental authority due to abandonment; substantial, continuous, or
repeated neglect; abuse; or incompetence to discharge parental
responsibilities.
(e) "Abandoned child" refers to one who has no proper parental
care or guardianship or whose parent(s) has deserted him/her for a
period of at least six (6) continuous months and has been judicially
declared as such.
(f) "Supervised trial custody" is a period of time within which a
social worker oversees the adjustment and emotional readiness of
both adopter(s) and adoptee in stabilizing their filial relationship.
(g) "Department" refers to the Department of Social Welfare and
Development.
(h) "Child-placing agency" is a duly licensed and accredited
agency by the Department to provide comprehensive child welfare
services including, but not limited to, receiving applications for
adoption, evaluating the prospective adoptive parents, and
preparing the adoption home study.

Section 6. – It shall be the duty of the Department or the child-placing or child-caring agency which has custody of the child to exert all efforts to locate his/her unknown biological parent(s). A period of six (6) months shall be allowed for the biological parent(s) to reconsider any decision to relinquish his/her child for adoption before the decision becomes irrevocable. emotionally and psychologically capable of caring for children. that he/she has been living in the Philippines for at least three (3) continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered. that he/she has been certified by his/her diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country. Steps shall be taken by the Department to ensure that no hurried decisions are made and all alternatives for the child's future and the implications of each alternative have been provided. Section 7. except in the following cases: (a) Any Filipino citizen of legal age. of good moral character. or (ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided. causing such child to lose his/her true identity and status. ARTICLE II PRE-ADOPTION SERVICES Section 4. – The Department shall develop a preadoption program which shall include. Counseling and rehabilitation services shall also be offered to the biological parent(s) after he/she has relinquished his/her child for adoption. neglected. Further. Counseling Service. adoption fora and seminars. No binding commitment to an adoption plan shall be permitted before the birth of his/her child. has not been convicted of any crime involving moral turpitude. Who May Be Adopted. (j) "Simulation of birth" is the tampering of the civil registry making it appear in the birth records that a certain child was born to a person who is not his/her biological mother. Support Services. (ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse. at least sixteen (16) years older than the adoptee. (b) Any alien possessing the same qualifications as above stated for Filipino nationals: Provided. The requirement of sixteen (16) year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee. – The Department shall provide the services of licensed social workers to the following: Section 5. or one spouse adopts the illegitimate son/daughter of the other. that the other spouse has signified his/her consent thereto. or (i) if one spouse seeks to adopt the legitimate son/daughter of the other. or (c) The guardian with respect to the ward after the termination of the guardianship and clearance of his/her financial accountabilities. joint parental authority shall be exercised by the spouses. the above mentioned services. shall be provided to prospective adoptive parent(s) to resolve possible adoption issues and to prepare him/her for effective parenting. and that his/her government allows the adoptee to enter his/her country as his/her adopted son/daughter: Provided. or voluntarily committed children. (i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity. in possession of full civil capacity and legal rights. Section 8. (b) The legitimate son/daughter of one spouse by the other spouse. (iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse. or ARTICLE III ELIGIBILITY (a) Biological Parent(s) – Counseling shall be provided to the parent(s) before and after the birth of his/her child. (b) Prospective Adoptive Parent(s) – Counseling sessions. . If such efforts fail. Location of Unknown Parent(s). (c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy. or (iii) if the spouses are legally separated from each other. – The following may be adopted: (a) Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption. – The following may adopt: Husband and wife shall jointly adopt. the child shall be registered as a foundling and subsequently be the subject of legal proceedings where he/she shall be declared abandoned. among others. That his/her country has diplomatic relations with the Republic of the Philippines. In case husband and wife jointly adopt.(i) "Child-caring agency" is a duly licensed and accredited agency by the Department that provides twenty four (24)-hour residential care services for abandoned. and who is in a position to support and care for his/her children in keeping with the means of the family. orphaned. Who May Adopt. or is the spouse of the adoptee's parent. However. That the requirements on residency and certification of the alien's qualification to adopt in his/her country may be waived for the following: (c) Prospective Adoptee – Counseling sessions shall be provided to ensure that he/she understands the nature and effects of adoption and is able to express his/her views on adoption in accordance with his/her age and level of maturity. among others.

(d) A person of legal age if, prior to the adoption, said person has
been consistently considered and treated by the adopter(s) as
his/her own child since minority;
(e) A child whose adoption has been previously rescinded; or
(f) A child whose biological or adoptive parent(s) has died:
Provided, That no proceedings shall be initiated within six (6)
months from the time of death of said parent(s).
Section 9. Whose Consent is Necessary to the Adoption. – After being
properly counseled and informed of his/her right to give or withhold
his/her approval of the adoption, the written consent of the following to
the adoption is hereby required:
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known, or the legal
guardian, or the proper government instrumentality which has
legal custody of the child;
(c) The legitimate and adopted sons/daughters, ten (10) years of
age or over, of the adopter(s) and adoptee, if any;
(d) The illegitimate sons/daughters, ten (10) years of age or over,
of the adopter if living with said adopter and the latter's spouse, if
any; and
(e) The spouse, if any, of the person adopting or to be adopted.
ARTICLE IV
PROCEDURE
Section 10. Hurried Decisions. – In all proceedings for adoption, the
court shall require proof that the biological parent(s) has been properly
counseled to prevent him/her from making hurried decisions caused by
strain or anxiety to give up the child, and to sustain that all measures to
strengthen the family have been exhausted and that any prolonged stay
of the child in his/her own home will be inimical to his/her welfare and
interest.

Section 11. Case Study. – No petition for adoption shall be set for
hearing unless a licensed social worker of the Department, the social
service office of the local government unit, or any child-placing or
child-caring agency has made a case study of the adoptee, his/her
biological parent(s), as well as the adopter(s), and has submitted the
report and recommendations on the matter to the court hearing such
petition.
At the time of preparation of the adoptee's case study, the concerned
social worker shall confirm with the Civil Registry the real identity and
registered name of the adoptee. If the birth of the adoptee was not
registered with the Civil Registry, it shall be the responsibility of the
concerned social worker to ensure that the adoptee is registered.
The case study on the adoptee shall establish that he/she is legally
available for adoption and that the documents to support this fact are
valid and authentic. Further, the case study of the adopter(s) shall
ascertain his/her genuine intentions and that the adoption is in the best
interest of the child.

issued by the Department, the prospective adopter(s) shall enjoy all the
benefits to which biological parent(s) is entitled from the date the
adoptee is placed with the prospective adopter(s).
Section 13. Decree of Adoption. – If, after the publication of the order
of hearing has been complied with, and no opposition has been
interposed to the petition, and after consideration of the case studies,
the qualifications of the adopter(s), trial custody report and the
evidence submitted, the court is convinced that the petitioners are
qualified to adopt, and that the adoption would redound to the best
interest of the adoptee, a decree of adoption shall be entered which
shall be effective as of the date the original petition was filed. This
provision shall also apply in case the petitioner(s) dies before the
issuance of the decree of adoption to protect the interest of the adoptee.
The decree shall state the name by which the child is to be known.

The Department shall intervene on behalf of the adoptee if it finds,
after the conduct of the case studies, that the petition should be denied.
The case studies and other relevant documents and records pertaining
to the adoptee and the adoption shall be preserved by the Department.

Section 14. Civil Registry Record. – An amended certificate of birth
shall be issued by the Civil Registry, as required by the Rules of Court,
attesting to the fact that the adoptee is the child of the adopter(s) by
being registered with his/her surname. The original certificate of birth
shall be stamped "cancelled" with the annotation of the issuance of an
amended birth certificate in its place and shall be sealed in the civil
registry records. The new birth certificate to be issued to the adoptee
shall not bear any notation that it is an amended issue.

Section 12. Supervised Trial Custody. – No petition for adoption shall
be finally granted until the adopter(s) has been given by the court a
supervised trial custody period for at least six (6) months within which
the parties are expected to adjust psychologically and emotionally to
each other and establish a bonding relationship. During said period,
temporary parental authority shall be vested in the adopter(s).

Section 15. Confidential Nature of Proceedings and Records. – All
hearings in adoption cases shall be confidential and shall not be open to
the public. All records, books, and papers relating to the adoption cases
in the files of the court, the Department, or any other agency or
institution participating in the adoption proceedings shall be kept
strictly confidential.

The court may motu proprio or upon motion of any party reduce the
trial period if it finds the same to be in the best interest of the adoptee,
stating the reasons for the reduction of the period. However, for alien
adopter(s), he/she must complete the six (6)-month trial custody except
for those enumerated in Sec. 7 (b) (i) (ii) (iii).

If the court finds that the disclosure of the information to a third person
is necessary for purposes connected with or arising out of the adoption
and will be for the best interest of the adoptee, the court may merit the
necessary information to be released, restricting the purposes for which
it may be used.

If the child is below seven (7) years of age and is placed with the
prospective adopter(s) through a pre-adoption placement authority

ARTICLE V
EFFECTS OF ADOPTION

Section 16. Parental Authority. – Except in cases where the biological
parent is the spouse of the adopter, all legal ties between the biological
parent(s) and the adoptee shall be severed and the same shall then be
vested on the adopter(s).
Section 17. Legitimacy. – The adoptee shall be considered the
legitimate son/daughter of the adopter(s) for all intents and purposes
and as such is entitled to all the rights and obligations provided by law
to legitimate sons/daughters born to them without discrimination of any
kind. To this end, the adoptee is entitled to love, guidance, and support
in keeping with the means of the family.
Section 18. Succession. – In legal and intestate succession, the
adopter(s) and the adoptee shall have reciprocal rights of succession
without distinction from legitimate filiation. However, if the adoptee
and his/her biological parent(s) had left a will, the law on testamentary
succession shall govern.
ARTICLE VI
RESCISSION OF ADOPTION
Section 19. Grounds for Rescission of Adoption. – Upon petition of the
adoptee, with the assistance of the Department if a minor or if over
eighteen (18) years of age but is incapacitated, as guardian/counsel, the
adoption may be rescinded on any of the following grounds committed
by the adopter(s): (a) repeated physical and verbal maltreatment by the
adopter(s) despite having undergone counseling; (b) attempt on the life
of the adoptee; (c) sexual assault or violence; or (d) abandonment and
failure to comply with parental obligations.
Adoption, being in the best interest of the child, shall not be subject to
rescission by the adopter(s). However, the adopter(s) may disinherit the
adoptee for causes provided in Article 919 of the Civil Code.
Section 20. Effects of Rescission. – If the petition is granted, the
parental authority of the adoptee's biological parent(s), if known, or the
legal custody of the Department shall be restored if the adoptee is still a
minor or incapacitated. The reciprocal rights and obligations of the
adopter(s) and the adoptee to each other shall be extinguished.

The court shall order the Civil Registrar to cancel the amended
certificate of birth of the adoptee and restore his/her original birth
certificate.
Succession rights shall revert to its status prior to adoption, but only as
of the date of judgment of judicial rescission. Vested rights acquired
prior to judicial rescission shall be respected.
All the foregoing effects of rescission of adoption shall be without
prejudice to the penalties imposable under the Penal Code if the
criminal acts are properly proven.
ARTICLE VII
VIOLATIONS AND PENALTIES
Section 21. Violations and Penalties. – (a) The penalty of imprisonment
ranging from six (6) years and one (1) day to twelve (12) years and/or a
fine not less than Fifty thousand pesos (P50,000.00), but not more than
Two hundred thousand pesos (P200,000.00) at the discretion of the
court shall be imposed on any person who shall commit any of the
following acts:
(i) obtaining consent for an adoption through coercion, undue
influence, fraud, improper material inducement, or other similar
acts;
(ii) non-compliance with the procedures and safeguards provided
by the law for adoption; or
(iii) subjecting or exposing the child to be adopted to danger,
abuse, or exploitation.
(b) Any person who shall cause the fictitious registration of the birth of
a child under the name(s) of a person(s) who is not his/her biological
parent(s) shall be guilty of simulation of birth, and shall be punished by
prision mayor in its medium period and a fine not exceeding Fifty
thousand pesos (P50,000.00).
Any physician or nurse or hospital personnel who, in violation of
his/her oath of office, shall cooperate in the execution of the

abovementioned crime shall suffer the penalties herein prescribed and
also the penalty of permanent disqualification.
Any person who shall violate established regulations relating to the
confidentiality and integrity of records, documents, and
communications of adoption applications, cases, and processes shall
suffer the penalty of imprisonment ranging from one (1) year and one
(1) day to two (2) years, and/or a fine of not less than Five thousand
pesos (P5,000.00) but not more than Ten thousand pesos (P10,000.00),
at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the
consummated offense under this Article shall be imposed upon the
principals of the attempt to commit any of the acts herein enumerated.
Acts punishable under this Article, when committed by a syndicate or
where it involves two (2) or more children shall be considered as an
offense constituting child trafficking and shall merit the penalty of
reclusion perpetua.
Acts punishable under this Article are deemed committed by a
syndicate if carried out by a group of three (3) or more persons
conspiring and/or confederating with one another in carrying out any of
the unlawful acts defined under this Article. Penalties as are herein
provided, shall be in addition to any other penalties which may be
imposed for the same acts punishable under other laws, ordinances,
executive orders, and proclamations.
When the offender is an alien, he/she shall be deported immediately
after service of sentence and perpetually excluded from entry to the
country.
Any government official, employee or functionary who shall be found
guilty of violating any of the provisions of this Act, or who shall
conspire with private individuals shall, in addition to the aboveprescribed penalties, be penalized in accordance with existing civil
service laws, rules and regulations: Provided, That upon the filing of a
case, either administrative or criminal, said government official,
employee, or functionary concerned shall automatically suffer
suspension until the resolution of the case.

Section 22. Rectification of Simulated Births. – A person who has, prior
to the effectivity of this Act, simulated the birth of a child shall not be
punished for such act: Provided, That the simulation of birth was made
for the best interest of the child and that he/she has been consistently
considered and treated by that person as his/her own son/daughter:
Provided, further, That the application for correction of the birth
registration and petition for adoption shall be filed within five (5) years
from the effectivity of this Act and completed thereafter: Provided,
finally, That such person complies with the procedure as specified in
Article IV of this Act and other requirements as determined by the
Department.
ARTICLE VIII
FINAL PROVISIONS
Section 23. Adoption Resource and Referral Office. – There shall be
established an Adoption Resources and Referral Office under the
Department with the following functions: (a) monitor the existence,
number, and flow of children legally available for adoption and
prospective adopter(s) so as to facilitate their matching; (b) maintain a
nationwide information and educational campaign on domestic
adoption; (c) keep records of adoption proceedings; (d) generate
resources to help child-caring and child-placing agencies and foster
homes maintain viability; and (e) do policy research in collaboration
with the Intercountry Adoption Board and other concerned agencies.
The office shall be manned by adoption experts from the public and
private sectors.
Section 24. Implementing Rules and Regulations. – Within six (6)
months from the promulgation of this Act, the Department, with the
Council for the Welfare of Children, the Office of Civil Registry
General, the Department of Justice, Office of the Solicitor General, and
two (2) private individuals representing child-placing and child-caring
agencies shall formulate the necessary guidelines to make the
provisions of this Act operative.
Section 25. Appropriations. – Such sum as may be necessary for the
implementation of the provisions of this Act shall be included in the
General Appropriations Act of the year following its enactment into law
and thereafter.

Section 26. 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 27. Separability Clause. – If any provision of this Act is held
invalid or unconstitutional, the other provisions not affected thereby
shall remain valid and subsisting.
Section 28. Effectivity Clause. – This Act shall take effect fifteen (15)
days following its complete publication in any newspaper of general
circulation or in the Official Gazette.

REPUBLIC ACT NO. 9523
AN ACT REQUIRING CERTIFICATION OF THE DEPARTMENT
OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) TO
DECLARE A "CHILD LEGALLY AVAILABLE FOR ADOPTION"
AS A PREREQUISITE FOR ADOPTION PROCEEDINGS,
AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS OF
REPUBLIC ACT NO. 8552, OTHERWISE KNOWN AS THE
DOMESTIC ADOPTION ACT OF 1998, REPUBLIC ACT NO. 8043,
OTHERWISE KNOWN AS THE INTER-COUNTRY ADOPTION
ACT OF 1995, PRESIDENTIAL DECREE NO. 603, OTHERWISE
KNOWN AS THE CHILD AND YOUTH WELFARE CODE, AND
FOR OTHER PURPOSES
Section 1. Declaration of Policy. – It is hereby declared the policy of
the State that alternative protection and assistance shall be afforded to
every child who is abandoned, surrendered, or neglected. In this regard,
the State shall extend such assistance in the most expeditious manner in
the interest of full emotional and social development of the abandoned,
surrendered, or neglected child.
It is hereby recognized that administrative processes under the
jurisdiction of the Department of Social Welfare and Development for
the declaration of a child legally available for adoption of abandoned,

surrendered, or neglected children are the most expeditious proceedings
for the best interest and welfare of the child.
Section. 2. Definition of Terms. – As used in this Act, the following
terms shall mean:
(1) Department of Social Welfare and Development (DSWD) is the
agency charged to implement the provisions of this Act and shall have
the sole authority to issue the certification declaring a child legally
available for adoption.
(2) Child refers to a person below eighteen (18) years of age or a person
over eighteen (18) years of age but is unable to fully take care of
him/herself or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of physical or mental disability
or condition.
(3) Abandoned Child refers to a child who has no proper parental care
or guardianship, or whose parent(s) have deserted him/her for a period
of at least three (3) continuous months, which includes a founding.
(4) Neglected Child refers to a child whose basic needs have been
deliberately unattended or inadequately attended within a period of
three (3) continuous months. Neglect may occur in two (2) ways:
(a) There is physical neglect when the child is malnourished,
ill-clad, and without proper shelter. A child is unattended
when left by himself/herself without proper provisions and/or
without proper supervision.
(b) There is emotional neglect when the child is maltreated,
raped, seduced, exploited, overworked, or made to work
under conditions not conducive to good health; or is made to
beg in the streets or public places; or when children are in
moral danger, or exposed to gambling, prostitution, and other
vices.
(5) Child Legally Available for Adoption refers to a child in whose
favor a certification was issued by the DSWD that he/she is legally
available for adoption after the fact of abandonment or neglect has been

The report shall also state the efforts of social worker to locate the child's biological parents/relatives. Appeal. The petition shall be supported by the following documents: (1) Social Case Study Report made by the DSWD. licensed or accredited child-caring or child-placing agency or institution charged with the custody of the child. – The certificate declaring a child legally available for adoption in case of an involuntarily committed child under Article 141. Said certification. as signed by the parent(s) with the DSWD. (7) Child-caring agency or institution refers to a private non-profit or government agency duly accredited by the DSWD that provides twenty-four (24) hour residential care services for abandoned. the Secretary shall issue a certification declaring the child legally available for adoption within seven (7) working days from receipt of the recommendation. . and (4) Recent photograph of the child and photograph of the child upon abandonment or admission to the agency or institution. the agency or institution does so with the consent of the child's custodian. current functioning and facts of abandonment or neglect of the child. (3) Birth certificate. – The petition shall be in the form of an affidavit. Within seven (7) working days. Section 5. if any. local government unit. (6) Voluntarily Committed Child is one whose parent(s) or legal guardian knowingly and willingly relinquished parental authority to the DSWD or any duly accredited child-placement or child-caring agency or institution. (12) Social Case Study Report (SCSR) shall refer to a written report of the result of an assessment conducted by a licensed social worker as to the social-cultural economic condition. neglected. Declaration of Availability for Adoption of Involuntarily Committed Child and Voluntarily Committed Child. (11) Conspicuous Place shall refer to a place frequented by the public. by itself shall be the sole basis for the immediate issuance by the local civil registrar of a foundling certificate. the certification declaring the child legally available for adoption shall be issued by the Secretary within three (3) months following the filing of the Deed of Voluntary Commitment. the child's parents could not be found. the local civil registrar shall transmit the founding certificate to the National Statistic Office (NSO). if sufficient in form and substance and shall authorize the posting of the notice of the petition conspicuous place for five (5) consecutive days in the locality where the child was found. subscribed and sworn to before any person authorized by law to administer oaths. which states that despite due diligence. (8) Child-placing agency or institution refers to a private non-profit institution or government agency duly accredited by the DWSD that receives and processes applicants to become foster or adoptive parents and facilitate placement of children eligible for foster care or adoption. Social Service Division. or provincial. otherwise the same shall be final and executory. – The decision of the Secretary shall be appealable to the Court of Appeals within five (5) days from receipt of the decision by the petitioner. where by notice of the petition shall be posted for information of any interested person. or. (2) Proof that efforts were made to locate the parent(s) or any known relatives of the child. 603. Section 4. Section 3. The Regional Director shall examine the petition and its supporting documents. Section 7. Procedure for the Filing of the Petition.proven through the submission of pertinent documents. or voluntarily committed children. He/she shall transmit a copy of his/her recommendation and records to the Office of the Secretary within fortyeight (48) hours from the date of the recommendation. The following shall be considered sufficient: (a) Written certification from a local or national radio or television station that the case was aired on three (3) different occasions. – Upon finding merit in the petition. (c) Police report or barangay certification from the locality where the child was found or a certified copy of a tracing report issued by the Philippine National Red Cross (PNRC). (b) Publication in one (1) newspaper of general circulation. or municipal Social Welfare Development Officer who has actual custody of the minor and who files a certification to declare such child legally available for adoption. if available. (9) Petitioner refers to the head or executive director of a licensed or accredited child-caring or child-placing agency or institution managed by the government. if the child is under the custody of any other individual. – The petition shall be filed in the regional office of the DSWD where the child was found or abandoned. and (d) Returned registered mail to the last known address of the parent(s) or known relatives. paragraph 4(a) and Article 142 of Presidential Decree No. (10) Secretary refers to the Secretary of the DSWD or his duly authorized representative. non-governmental organization. psychosocial background. In case of voluntary commitment as contemplated in Article 154 of Presidential Decree No. Section 6. It shall contain facts necessary to establish the merits of the petition and shall state the circumstances surrounding the abandonment or neglect of the child. The Regional Director shall act on the same and shall render a recommendation not later than five (5) working days after the completion of its posting. National Headquarters (NHQ). or one who was voluntarily committed by his/her parent(s) or legal guardian. 603 shall be issued by the DSWD within three (3) months following such involuntary commitment. local government unit. Declaration of Availability for Adoption. city. Petition.

That parental authority be exercised jointly by Patricio and Grace over the minor children 3. GRANDE V ANTONIO Facts: Grace Grande and Patricio Antonio had extra marital affairs and cohabited with each other. Section 13. Section 3(f) of Republic Act No. 8043. The certification. That. Correction/Change of Surname of Minors and for the Issuance of Writ of Preliminary Injunction before the RTC appending notarized deed for voluntary recognition of paternity of the children. Grace has full and sole custody over her children 2. shall be. 8552 and in an intercountry adoption proceeding. taken in conjunction with the “best-interest of the child” clause compels the use by the children of the surname “Antonio. 9. letter of instruction. as provided in Republic Act No. 1. together with the Council for Welfare of Children. – The DSWD. the petition for restoration is filed within (3) months after the signing of the Deed of Voluntary Commitment. as the power to do so rests in the Legislature and not in administrative officials.000. The IRRs must be disregarded as the constitution itself provides that Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the SC. or regulation contrary to or inconsistent with the provisions of this Act are hereby reprealed. 603 and any law. Effectivity. thus making the entire process administrative in nature. – This Act shall take effect fifteen (15) days following its complete publication in two (2) newspapers of general circulation or in the Official Gazette. 8043. administrative order. – If any provision of this Act is held invalid or unconstitutional. illegitimate children may use the surname of their father if their filiation has been expressly recognized by their father through the record of birth appearing in the civil register.000. 8552. Section. Implementing Rules and Regulations.00) shall be imposed on any person. Ordered Grace to surrender the persons in custody Ordered Grace to desist from bringing the kids outside the country Ordered the parties to give and share support of the minor children Andre and Jerard in the amount of Php30000/month Grace filed an appeal with the CA. He files a petition for Judicial Approval of Recognition with Prayer to take Parental Authority. Violation of any provision of this Act shall subject the government official or employee concerned to appropriate administrative. petitions for the issuance of a certification declaring a child legally available for adoption may be filled with the regional office of the DSWD where the child was found or abandoned. modified or amended accordingly. Thus. presidential decree. However. Respondent Antonio wanted his illegitimate children to bear his surname as well as the parental authority. – The penalty of One hundred thousand pesos (P100. or agency who shall place a child for adoption without the certification that the child is legally available for adoption issued by the DSWD. institution. RTC decided in favor of the respondent. Granted Antonio the primary right and immediate custody of the children from Monday until Friday evening and to Grace from Saturday to Sunday evening 4. Upon effectivity of this Act and pending the completion of the drafting of the implementing rules and regulations. Penalty. as provided in Republic Act No. 5. – Sections 2(c)(iii). It is a hornbook rule that administrative issue cannot amend a legislative act. the primary evidence that the child is legally available in a domestic adoption proceeding. Inter-Country Adoption Board. Repealing Clause. National Statistics Office and Office of the Civil Registrar. we exercise this power in voiding the IRR of RA 9255 insofar as it provides for the mandatory use by illegitimate children of their father’s surname upon the latter’s . – The certification that a child is legally available for adoption shall be issued by the DSWD in lieu of a judicial order. and VIII of Presidential Decree No. Chapter 1 of Title VII. The legal consequence of the recognition made by respondent Antonio that he is the father of the minors. Held: No. Section 12. they had two sons: Andre Lewis and Jerard Patrick. the parent(s) or legal guardian who voluntarily committed a child may recover legal custody and parental authority over him/her from the agency or institution to which such child was voluntarily committed when it is shown to the satisfaction of the DSWD that the parent(s) or legal guardian is in a position to adequately provide for the needs of the child: Provided. Any agency or institution found violating any provision of this Act shall have its license to operate revoked without prejudice to the criminal prosecution of its officers and employees. Out of this extra-marital affair. It also has been held by the SC that IRRs of a law cannot extent the law or expand its coverage. Parental Physical Custody.” Issue: W/N the recognition of the father of his illegitimate children means the automatic use of the father’s surname. civil and/or criminal sanctions. Separability Clause. is hereby tasked to draft the implementing rules and regulations of this Act within sixty (60) days following its complete publication. Section 8. the other provisions not affected thereby shall remain valid and subsisting. including suspension and/or dismissal from the government service and forfeiture of benefits. It may be argued that the IRR of 9255 states in such mandatory terms that the child’s surname shall be changed to that of the father’s. or when an admission in a public document or private handwritten instrument is made by the father…” It is clear that the general rule is that an illegitimate child shall use the surname of his or her mother.Upon petition filed with the DSWD. 6. executive order. rule. and shall be entitled to support in conformity of this Code. The exception is that the child may use the father’s surname upon due recognition. two (2) representatives from licensed or accredited child-placing and child-caring agencies or institution. Ordered the Office of the City Registrar to correct/change the surnames of Andre and Jerard to Antonio 2. (e) and 8(a) of Republic Act No. Article 176 as amended by RA 9255 states “Illegitimate children shall use the surname of their mother and shall be under parental authority of their mother. CA modified the decision of the RTC: 1. 3(b). Antonio has visitation rights CA reasons that not withstanding the father’s recognition of his children. Certification. Section 11. Section 10.00) to Two hundred thousand pesos (P200. the mother cannot be deprived of her sole parental custody over them absent the most compelling of reasons. Grande left for the States with her kids. for all intents and purposes.

to hold that parental authority had been retroactively lodged in the Rapisura spouses so as to burden them with liability for a tortious act that they could not have foreseen and which they could not have prevented (since they were at the time in the US and had no physical custody over the child) would be unfair and unconscionable. adopting parents assume parental authority therefore when the child is under their actual custody and control Facts: Adelberto Bundoc. shot Jennifer Tamargo with an air rifle causing injuries whichresulted to her death 3. parental authority had not ceased nor been relinquished by the mere filing and granting of a petition for adoption 7. To conclude. 36 of the Child and Youth Welfare Code which states that the decree of adoption is effective as of the date the original petition was filed. In 1971. the civil law assumes that when an unemancipated child living with its parents commits a tortious act. We do not consider that retroactive effect may be given to the decree of adoption so as to impose a liability upon the adopting parents accruing at a time when the adopting parents had no actual or physical custody over the adopted child. In May 1972. The SC remanded the case to the RTC to determine the surname to be chosen by the children Andre and Jerard. unambiguous and unequivocal use of “may” in Article 176 rendering the use of an illegitimate father’s surname discretionary controls. the basis of parental liability for the torts of a minor child living with them and over whom. Rapisura spouses. Retroactive effect may perhaps be given to the granting of the petition for adoption where such is essential to permit the accrual of some benefit or advantage in favor of the adopted child. Lahom may rescind the right of the adopted child to inherit under section 19. LAHOM V SIBULO RA 8552 abrogated the right of the adopter to rescind the decree of adoption. Antonio. however. RA 8043 and RA 8552 TAMARGO V CA natural parents who have actual custody and control over the child about to be adopted are responsible and therefore liable for the latter’s tortious acts. In general. the law presumes. The parental dereliction is. the order granted the petition was issued. however. Art. in any case. Macario Tamargo and Jennifer’s natural parents. Thus. RTC dismissed petitioners ’ complaint . Article 221 of the Family Code states that parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. actual custody of Adelberto was then with his natural parents. 10 years old. It would thus follow that the natural parents who had actual custody of the minor Adelberto. The presumption of parental dereliction on the part of the adopting parents. only presumed and can be overturned under Article 2180 of the Civil Code by proof that the parents had exercised all the diligence of a good father of a family to prevent the damage In the instant case. precisely because the adopting parents are given actual custody of the child during such trial period. the natural parents of the minor Adelberto. 2003 Facts: Spouses Lahom treated Jose Melvin Sibulo as their own since he was 2 years old. and not the adopting parents. the use of the word. RTC and CA dismissed the petitioners’ appeals due to its late filing Issues: W/N the natural parents are indispensable parties in the suit for damages The civil liability imposed upon parents for the torts of their minor children living with them. Lahom after . Petitioners contended that since Adelberto was with the natural parents. In Article 2176. Natural parents of Adelberto said that the adopting parents should be made parties to the case as parental authority had shifted to them from the moment the successful petition for adoption was filed. may be seen to be based upon the parental authority vested by the Civil Code upon such parents. In the instant case. The clear. W/N the effects of adoption insofar as parental authority is concerned may be given retroactive effect so as to make the adopting parents the indispensable parties in a damage case filed against their adopted child for acts committed by the latter when actual custody was yet lodged with the biological parents The Respondent Bundoc maintains that the parental authority must be deemed to have been dissolved as of the time the petition for adoption was filed and is retroactive due to Art. Mrs. P a r e n t a l liability is anchored upon parental authority coupled with presumed parental dereliction in the discharge of the duties accompanying such authority. Article VI of RA 8552 July 14. the adopting parents are given parental authority during the period of trial custody before the issuance of a decree of adoption. the parents were negligent in the performance of their legal and natural duty closely to supervise the child who is in their custody and control. The children also submitted letters that they do not want to have the surname. would be inconsistent with the philosophical and policy basis underlying the doctrine of vicarious liability. the trial custody period either had not yet begun or had already been completed at the time of the air rifle shooting. “shall” in the IRR of RA 9255 is of no moment.recognition of his paternity. Mrs. the court ordered that the civil Registrar of Naga City changed the name of Jose Mervin Sibulo to Jose Melvin Lahom. could not have arisen since Adelberto was not in fact subject to their control at the time the tort was committed. the parents exercise supervision and control.Jennifer’s adopting parent. Such a result. Under the Civil Code. and illegitimate children are given the choice on the surname by which they will be known. Respondent natural parents of Adelberto were not indispensable parties to the action 8. the couple decided to file a petition for adoption. Celso and Aurelia Tamago filed a case against Victor and Clara Bundoc (parents of Adelberto. with whom he was living at that time) Spouses Sabas and Felisa Rapisura petition to adopt Adelberto was granted by the RTC. the shooting of Jennifer by Adelberto with an air rifle occurred when parental authority was still lodged in respondent Bundoc spouses. Distinctions between the Family Code. In the instant case. The natural parents are thus the indispensable parties to the damage suit. are the indispensable parties to the suit for damages. 58 of the Child and Youth Welfare Code provides that parents and guardians are responsible for the damage caused by the child under their parental authority in accordance with the Civil Code.

the Court finds it incredible that the latter would not require Amelia Ramos to execute a Written Consent to the adoption of her minor children. Neither did Diwata bother to present Amelia Ramos as witness in support of the petition. Lahom as he failed to visit her while she was in Manila 4. the privilege to adopt is itself not naturally innate or fundamental but rather a right merely created by statute. care. no longer.Affidavit of Consent executed by the mother. wants to adopt nieces and nephew: Elaine. Dura lex sed lex. Indeed. Diwata failed to present Pagbilao on the stands. refused to change his last name 2. The OSG files an appeal before the CA claiming that RTC erred in granting the petition because there was: (a) lack of written consent of mother (b) lack of written conent of petitioner’s children (c) petitioner failed to establish that she is in a position to support the proposed adoptees. In this case. According to Sec. Elaine. Thus files for a petition for adoption. Even before the passage of the statute. The exercise of right within a prescriptive period is a condition that could not fulfill the requirements of a vested right entitled to protection. USA . CA reversed the RTC ruling and denied petitioner’s Motion for Reconsideration ruling that: (a) petitioner failed to adduce in evidence the voluntary consent of Amelia Ramos (b) the affidavit of consent of the petitioner’s children could not also be admitted in evidence as the same was executed in Guam and was not authenticated or acknowledged before a Philippine consular office (c) petitioner was not stable enough to support the children Issues: W/N the petitioner is entitled to adopt the minors without the consent of their biological mother. DSWD home study report conducted by Pagbilao recommended that the minors be adopted by their maternal aunt Diwata Landingin. could be Pursued. and neglects to lend support and maintenance. petitioner failed to submit the written consent of Amelia Ramos to the adoption. files for a petition to rescind the adoption of Jose Mervin for the following reasons: 1. Is there no need for the consent from Amelia since she had already abandoned the children? No. the Court should now hold that the action for rescission of the adoption decree. an adopter may deny to an adopted child his legitime and by will and testament. respondent would get jealous of petitioner’s niece and nephews whenever they would visit 5. including the withdrawal of the right of an adopter to nullify the adoption decree. Issue: W/N the subject adoption decreed on May 5. However. having been initiated by petitioner after RA 8552 had come into force. RTC granted the petition for adoption. the written consent of the biological parents is indispensable for the validity of a decree of adoption. clearly shown by the filing of the case for partition against petitioner. Pagbilao was able to interview Amelia. the opportunity to display filial affection. can always filed for valid reasons cause the forfeiture of certain benefits otherwise accruing to an undeserving child. the abandonment must be shown to have existed at the time of adoption. 1972 still be revoked or rescinded by an adopter after the effectivity of RA 8552 The reckoning period would be the time this case was filed. an adopter. Concomitantly. The children are now staying with their uncle after their grandmother died (to whom the children were entrusted) The minor children have already consented to the adoption. RTC dismissed the case due to Section 19. upon the grounds recognized by law.Affidavit of Consent notarized by a notary public in Guam. If Amelia Ramos did abandon her children. and that the minors are present under the care of a temporary guardian who also has a family to look after. Diwata relied only on her . The term means neglect and refusal to perform the filial and legal obligations of love and support. the eldest among the adoptees testified. that the mother has voluntarily consent to their adoption . Verily. abandonment by a parent to justify the adoption of his child without his consent. Elma and Eugene Dizon Ramos. Since it was filed after the effectivity of RA 8552. In this case. the natural right of a parent to his child requires that his consent must first be obtained before his parental rights and duties may be terminated and reestablished in adoptive parents. while barred from severing the legal ties of adoption. love. an action to set aside the adoption is subject to the 5-year bar rule under Rule 100 of the Rules of Court and that the adopter would lose the right to revoke the adoption decree after the lapse of that period. To dispense with the requirement of consent. is a conduct which evinces a settled purpose to forego all parental duties. a right of action given by statute may be taken away at anytime before it has been exercised. Diwata should have adduced the written consent of their legal guardian. If a parent withholds presence. Amelia Ramos LANDINGIN V REPUBLIC Facts: Diwata Landingin. RA 8552 withdrew the right of the adopter to rescind the decree of adoption. it is therefore governed by the law. may freely exclude him from having a share in the disposable portion of his estate. the parent in effect. Merely permitting the child to remain for a time undisturbed in the care of others is not such an abandonment. However. Ordinarily. are subject to regulation by the State. continues to use Sibulo as his last name in all his dealings 3. abandons the child. the minors have voluntarily consented to the adoption.the death of her husband and after RA 8552 (which removes the right of the adopter to rescind the adoption). a US citizen. It is a privilege that is governed by the state’s determination on what it may deem to be for the best interest and welfare of the child. respondent’s motive to his adoption is his expectancy of his alleged rights over the properties of herein petitioner and her late husband.Article VI of RA 8552 which deleted the right of an adopter to rescind an adoption earlier granted under the Family Code. Amelia abandoned her children. Petitioner’s children also have consented . For instance. The OSG deputized the city Prosecutor to appear on his behalf . 9 of RA 8552. Such abrogated and repealed the right of an adopter under the Civil Code and the Family Code to rescind a decree of adoption. It must also be acknowledged that a person has no vested right in statutory privileges. respondent neglected his duties as a son to Mrs. Matters relating to adoption. While adoption has often been referred to in the contest of a right. had already remarried and have kids of her own. Manuel Ramos (petitioner’s brother died) Amelia Ramos left for Italy to work.

W/N petitioner is financially capable of supporting the adoptees No. Olario gave executed an Affidavit of Consent.000-5. she had not intended to abandon her children. however . More proof has to be adduced that Amelia has emotionally abandoned the children. and (5) the adoptee is allowed to enter the adopter’s country as the latter’s adopted child. likewise. Michelle was 24 years old . parental authority is merely just one of the effects of legal adoption. or (3) if the spouses are legally separated from each. the authenticity of which she. 2103 Unfortunately. However.all legal ties between the biological parents and the adoptee shall be severed and the same shall be vested on the . or to permanently sever their mother-child relationship. RTC denied the petition and ruled that: 1. the records do not prove nor support petitioner’s allegation that her siblings and her children are financially able and that they are willing to support the minors herein. Article V of RA 8552 enumerates the effects of adoption: (1) Parental authority . Section 7. Petitioner and Olario does not fall under the exceptions stated. At the time the petitions for adoption were filed.000-15. the consent of the husband is insufficient as there are other requisites that have to be complied with such as the residency requirement and certification of hi s qualification 3. petitioner should have filed the petition for adoption with her husband as they do not fall under the exceptions under Section 7(c). as adoption only creates a legal relation between the former and the latter. He must meet the qualifications set forth in Section 7 of RA 8552 such as: (1) he must prove that his country has diplomatic relations with the Republic of the Philippines (2) he must have been living in the Philippines for at least 3 continuous years prior to the filing of the application for adoption (3) he must maintain such residency until the adoption decree is entered (4) he has the legal capacity to adopt in his own country. Article III of RA 8552 states that the husband and wife shall jointly adopt except only in cases where: (1) the spouse seeks to adopt the legitimate son/daughter of the other. Is joint parental authority not anymore necessary since the children have been emancipated? Issues: W/N petitioner who has remarried can singly adopt No. She knows that her financial status may be a ground for the petition not to be granted. Primo Lim died. There are certain requirements that Olario must comply being an American citizen. joint adoption is mandatory. Her house is under amortization. petitioner had already remarried. filed the petitions for adoption of the kids Michelle and Michael Facts: Monina Lim and her deceased husband.000 per month through her parents who share Php 3. Monina Lim herself. Article III. She filed the petitions herself. It is true that when the child reaches the age of emancipation. While petitioner claims that she has the financial support and backing of her children and siblings. Will the consent of Olario suffice? No. who shall then be qualified and responsible for all acts of civil life. None of these qualifications were shown and proved during the trial. with only the affidavit of consent of her husband. She only has a part-time job. and that the latter will not miss her guidance and counsel if they are given to an adopting parents. the same terminates parental authority over the person and property of the child. RA 8552 2. without being joined by her husband Olario. in the instant case. Primo Lim simulated the births of Michelle and Michael Jude. failed to prove. These requirements on residency and certification of the alien’s qualification to adopt cannot likewise be waived pursuant to Section 7.) It needs to comply with Section of Act No.gave his consent (Affidavit of Consent). when Amelia left for Italy. Unfortunately. that the other spouse has signified his/her consent thereto. The children or adoptees are not relatives within the 4 th degree of consanguinity or affinity of petitioner or of Olario. Provided. W/N the affidavit of consent purportedly executed by the petitioneradopter’s children sufficiently complies with the law Petitioner failed to offer in evidence Pagbilao’s Report and of the Joint Affidavit of Consent purportedly executed by her children. The word “shall” in the provision means that joint adoption is mandatory. and she is rather of age.Michelle and her husband gave their consent to the adoption (Affidavit of Consent). Michael was 18 years old . at best treated by the Rules as a private document whose authenticity must be proved either by anyone who saw the document executed or written. It is doubtful whether petitioner will be able to sufficiently handle the financial aspect of rearing the 3 children in the US. Neither are the adoptees the legitimate children of the petitioner. The law is explicit. the same is inadmissible in evidence. no further proof was introduced by petitioner to authenticate the written consent of her legitimate children. therefore making it seem that the two are their children. The joint written consent of petitioner’s children was notarized in Guam was treated in the same way as document notarized in the country (processual presumption. named Olario. Monina Lim eventually remarried a US citizen.own testimony. or by evidence of the genuineness of the signature or handwriting of the makers. They cared for the children and treated them like their own. it is the best interest of the child that takes precedence in adoption. the OSG is correct in stating that the ability to support the adoptees is personal to the adopter. IN RE: PETITION FOR ADOPTION OF MICHELLE AND MICHAEL JUDE LIM Joint adoption of husband and wife is mandatory. She filed a petition to adopt the children by availing of the amnesty given under RA 8552 to those individuals who simulated the birth of a Child. Again. Thus. Petitioner brings the case to the SC or (2) if one spouse seeks to adopt his/her own illegitimate son/daughter.000 a month to her children. It would be against the spirit of the law if financial consideration were to be the paramount consideration in deciding whether to deprive a person of parental authority over his/her children. However. the Home Study Report of the DSWD stated that Amelia Ramos left for Italy to work as a domestic helper and would send financial support from Php 10. Moreover. Since. the petitioner failed to comply with the said law.

thus. It is settled that "the jurisdiction of the court is determined by the statute in force at the time of the commencement of the action. Her written consent. John was childless and unmarried. the joint adoption by the husband and the wife is required. was necessary for the adoption to be valid.. . In Article III. Cornelio C. For Jose to be eligible to adopt Jed and Regina. BARTOLOME V SSS Facts: John Colcol (John) was employed as electrician by Scanmar Maritime Services. Jose's driver and alleged lover. Issue: W/N the biological parents of the covered. We reiterate our ruling above that since. filed a claim for death benefits under PD 626 with the Social Security System (SSS). petitioner’s grandfather. Colcol. The filing of a case for dissolution of the marriage between petitioner and Olario is of no moment. she would have had a reasonable opportunity to contest the validity of the affidavit."A certificate of finality was issued. Since her consent was not obtained. Jose and Rosario remained legally married despite their de facto separation. Jose is the estranged husband of Rosario Mata Castro (Rosario) and the father of Joanne Benedicta Charissima M. Until and unless there is a judicial decree for the dissolution of the marriage between petitioner and Olario. petitioner was married to Olario. Section 7 of Republic Act No. at the time the petitions for adoption were filed. John and his sister Elizabeth were adopted by their great grandfather. petitioner Bernardina P. Jose G. Is it necessary to still jointly adopt even if Olario has filed for the dissolution of his and Monina’s marriage? No. both the SSS La Union branch and the ECC ruled against petitioner’s entitlement to the death benefits sought after under PD 626 on the ground she can no longer be considered John’s primary beneficiary. the marriage still subsists. It is not equivalent to a decree of dissolution of marriage. person including the government which was represented by the Office of the Solicitor General. joint adoption is mandatory. Under Article III.adopter(s). John’s biological mother and. in appropriate cases. An accident occurred on board the vessel which led to his untimely death. the adoptee is still considered a legitimate child of the adopter will all the rights of a legitimate child such as: (1) bear the surname of the father and the mother. He alleged that Jed and Regina were his illegitimate children with Lilibeth Fernandez Gregorio (Lilibeth). Cornelio Colcol (Cornelio) which decree of adoption attained finality. SSS denied the claim stating: “because you are no longer considered as the parent of JOHN COLCOL as he was legally adopted by CORNELIO COLCOL.adoptee(s) will be the adopter(s) legitimate children (3) Succession . CASTRO V GREGORIO Facts: The case originally stemmed from the adoption of Jose Maria Jed Lemuel Gregorio (Jéd) and Ana Maria Regina Gregorio (Regina) by Atty. Jose. it is Republic Act No. on board the vessel Maersk Danville. Section 9 of Republic Act No. Until and unless there is a judicial decree for the dissolution of the marriage between petitioner and Olario. should be personally notified of the hearing. Jose filed a petition for adoption before the RTC of Ilocos Norte. Had Rosario been given notice by the trial court of the proceedings. It is undisputed that Joanne was Jose and Rosario's legitimate child and that she was over 10 years old at the time of the adoption proceedings. (2) Legitimacy . Jose was ineligible to adopt. 8552 which applies over the proceedings." Issue: W/N the petitioners should have been given notice by the trial court of the adoption as adoption laws require their consent as a requisite in the proceedings Held: Petitioners are correct. The law on adoption requires that the adoption by the father of a child born out of wedlock obtain not only the consent of his wife but also the consent of his legitimate children. The law also requires the written consent of the adopter's children if they are 10 years old or older. to receive benefits . Rosario must first signify her consent to the adoption. having ruled that "[n]o opposition had been received by this Court from any In this instance. sole remaining beneficiary. Rosario and Joanne allege that they learned of the adoption sometime in 2005. Castro (Jose).” In denying the claim.who was his erstwhile housekeeper. Jose died. Thus. In the absence of any decree of legal separation or annulment. however. Neither would petitioner qualify as John’s secondary beneficiary even if it were proven that Cornelio has already passed away. it is Cornelio who qualifies as John’s primary beneficiary. if emancipation terminates parental authority. having given up the latter for adoption to Mr." As Jose filed the petition for adoption on August 1. The appellate court ruled that there is "no explicit provision in the rules that the spouse and legitimate child of the adopter .adoptee(s) and adopter(s) have reciprocal rights and obligations arising from the relationship of parent and child Thus. therefore. joint adoption is not necessary. the spouse seeking to adopt must first obtain the consent of his or her spouse. 8552. entitled. It was further alleged that Jed and Regina are not actually Jose's illegitimate children but the legitimate children of Lilibeth and Larry who were married at the time of their birth. (2) to receive support from their parents (3) to be entitled to the legitime and other successional rights. His submission of a fraudulent affidavit of consent in her name cannot be considered compliance of the requisites of the law. allegedly. not petitioner.Consequently. the husband must first obtain the consent of his wife if he seeks to adopt his own children born out of wedlock. the marriage still subsists. That being the case. 2000. Jed and Regina's birth certificates showed different sets of information. . Rosario and Joanne filed a petition for annulment of judgment approving Jed and Regina's adoption. He was enrolled under the government's Employees' Compensation Program (ECP). but legally adopted employee considered secondary beneficiaries and. However. Inc. 8552. one set of birth certificates states the father to be Jose and in another set of National Statistic Office certificates shows the father to be Larry. the Court of Appeals denied the petition. Castro (Joanne). The trial court approved the adoption. The appellant is not considered a legitimate parent of the deceased. did not validly obtain Rosario's consent. Bartolome.

petitioner’s parental authority over John was severed.Held: When Cornelio adopted John. 984 of the New Civil Code. it is apparent that the biological parents retain their rights of succession to the estate of their child who was the subject of adoption. Truth be told. in the absence or. The duty of the parents to support their children is co-terminus with their parental authority over them and this duty subsists so long as the child is not emancipated. 984. trade or vocation.that which refers to the physical needs of the recipient and lasts during his lifetime. as in this case. Under such circumstance. It is. Judgment of support does not become final as it is subject to allowance. John was still a minor.that which is provided by law Voluntary or Conventional. medical attendance. which provides: Art. Reversion of parental authority and legal custody in favor of the biological parents is not a novel concept. Thus.  Natural. 3. no one else could reasonably be expected to perform the role of a parent other than the adoptee’s biological one.that which is necessary for the recipient to maintain himself in accordance with his condition and circumstances in civil and social life. at about four (4) years of age. We hold that Cornelio’s death at the time of John’s minority resulted in the restoration of petitioner’s parental authority over the adopted child. if known. after all. Nevertheless. education and transportation. the parental authority of the adoptee's biological parent(s). which was prior to the effectivity of the Family Code. The reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be extinguished. which We invoke to justify this disposition. In case of the death of an adopted child. John’s minority at the time of his adopter’s death is a significant factor in the case at bar. Permanent/ General.– If the petition [for rescission of adoption] is granted. In the same way that certain rights still attach by virtue of the blood relation. parental authority should be deemed to have reverted in favor of the biological parents. there is a lacuna in the law as to which provision shall govern contingencies in all fours with the factual milieu of the instant petition.that which springs from decisions of tribunals and may either be definite or provisional. As to the amount Legal. 855222 (RA 8552). Support comprises everything indispensable for sustenance. clothing. However. include the exercise of parental authority. Transportation shall include expenses in going to and from school. (emphasis added) We can only apply the rule by analogy. leaving no children or descendants. which. in keeping with the financial capacity of the family. otherwise known as the Domestic Adoption Act. (Javier v Lucero) WHEN SUPPORT CEASES 1. Section 20 of Republic Act No. dwelling. We rule. III. Judicial. 2. provides: Section 20. KINDS OF SUPPORT I. even beyond the age of majority. especially since RA 8552 was enacted after Cornelio’s death. the pertinent provision on legal or intestate succession at least reveals the policy on the rights of the biological parents and those by adoption visà-vis the right to receive benefits from the adopted.that which is absolutely indispensable for the subsistence of the recipient. II. for the best interest of the child that someone will remain charged for his welfare and upbringing should his or her adopter fail or is rendered incapacitated to perform his duties as a parent at a time the adoptee is still in his formative years. death of the adopter. We are guided by the catena of cases and the state policies behind RA 8552 wherein the paramount consideration is the best interest of the child. While the benefits arising from the death of an SSS covered employee do not form part of the estate of the adopted child.that which refers to the recipient’s intellectual development and generally lasts during the minority of the recipient. 4. Temporary/ Accidental. As to duration:  SUPPORT Civil. Although the recipient is already of age and is no longer studying he is still entitled to support to complete his education. As to source:     TITLE VIII Art. Effects of Rescission. so too should certain obligations.that which is created by the will of man manifested by contract or by unilateral acts inter vivos or mortis causa. in the event of the untimely passing of their minor offspring’s adoptive parent. or the legal custody of the Department shall be restored if the adoptee is still a minor or incapacitated. his parents and relatives by consanguinity and not by adoption. at the time of Cornelio Colcol’s death. the governing provision is Art. when the adoptive parent died less than three (3) years after the adoption decree. and. Death of the Obligor When the resources of the obligor have been reduced to a point where he cannot give the support without neglecting his own needs and those of his family When the recipient no longer needs the allowance for his subsistence When the recipient has committed some act which give rise to disinheritance . shall be his legal heirs. Similarly. or to and from place of work. then about two (2) years old. to Our mind.  From the foregoing. The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession. 194.

It is therefore essential that a VALID marriage exists for support to have a legal basis. It must be proved by competent evidence. she must prove that she was the LEGITIMATE spouse DEPENDENT for support from the employee. Mere allegation is not enough to bar the wife from support pendente lite. and (5) Legitimate brothers and sisters. whether of full or half-blood action for support initiated by the child. (Quimiguing v Icao) PARENTS AND THEIR LEGITIMATE CHILDREN AND THE LEGITIMATE AND ILLEGITIMATE CHILDREN OF THE LATTER. (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter. they are deemed to have acted in good faith. Art. PARENTS AND THEIR ILLEGITIMATE CHILDREN AND THE LEGITIMATE AND ILLEGITIMATE CHILDREN OF THE LATTER. The fact of recognition of an illegitimate child gives the child not only the right to support but also successional rights. the following are obliged to support each other to the whole extent set forth in the preceding article: Art. whether of the full or half-blood. the obligation of mutual support between the spouses is terminated CHARACTERISTICS OF SUPPORT a) b) c) d) e) f) g) PERSONAL being based on family ties EXEMPTED from attachment and execution Future support CANNOT BE COMPROMISED DEMANDABLE from the time recipient needs it for maintenance but payable ony from date of judicial or extrajudicial demand PAYABLE within the FIRST FIVE DAYS of each corresponding month VARIABLE in amount depending upon the resources of the giver and the necessities of the recipient RECIPROCAL on the part of those bound to support one another Action for support falls within the jurisdiction of the CFI (now RTC). is due to a cause imputable to the claimant's fault or negligence. The unborn child has a right to support from its progenitors. In such case. The relationship of the parties must first be established before support can be demanded. For a surviving spouse to qualify as a primary beneficiary. An adulterous wife loses the right to be supported. and (4) The brothers and sisters. If the child therefore has sufficient property of his own. (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter. So even if the children is in the custody of the mother. the wife can lawfully demand for support. The exception in Art 196 does not apply to legitimate brothers and sisters but only to brothers and sisters who are not legitimately related. If the marriage is denied by the defendant-spouse in a case. If spouses are in pari delicto. 6. recognition by the parents is no longer necessary before they can be entitled to support. and the latter being of age is in need of support due to cause or causes imputable to his or her own fault or negligence When the judgment granting the petition for legal separation. But the duty to support a spouse subsists even if the latter is actually engaged in a gainful occupation. When the receiver and giver are brothers or sisters not legitimately related. alimony pendente-lite cannot be granted because the basis thereof is in issue. The obligation of brothers and sisters to mutually support each other is SUBSIDIARY and shall arise ONLY WHEN THERE ARE NO DECENDANTS OR ASCENDANTS capable of granting the support needed. A mother is not entitled to support from a child whom she has abandoned entirely. The right to support does not arise from mere relationship but from imperative necessity. (2) Legitimate ascendants and descendants. except only when the need for support of the brother or sister. LEGITIMATE ASCENDANTS AND DESCENDANTS. UPON ANNULMENT of the marriage. . A wife who is already SEPARATED DE FACTO from her husband cannot be said to be dependent for support upon the husband absent any showing to the contrary. the obligation for support ceases.as long as there is a need for support. 195. are likewise bound to support each other to the full extent set forth in Article 194. It will suffice if they can establish their filiation to their parents in the very action for support. The obligation to support one another arises from the fact of marriage. A husband is not obliged to support the adulterous child of his wife and proofs of the commission of adultery may be given in evidence in an LEGITIMATE BROTHERS AND SISTERS. annulment or declaration of nullity of the marriage has become final. Subject to the provisions of the succeeding articles. being of age. WHETHER HALF OR FULL BLOOD. With regard to illegitimate children the weight of authorities is under the Civil Code is that it is essential that they have been recognized or acknowledged first by their parents before they could be entitled to support. The right to support of grandchildren is subject to the right of others entitled to support. Brothers and sisters not legitimately related. THE SPOUSES. Consequently. Whenever two or more persons are obliged to give support. the liability shall devolve upon the following persons in the order herein provided: (1) The spouse. his right to be supported does not exist. Legitimate here qualifies both ascendants and descendants. The obligation to support illegitimate children does not devolve only on the mother but also on the father.ADDITIONAL GROUNDS UNDER THE FC 5. Under the FC. the father is not relieved of his duty to contribute to the support of the children. This covers the whole extent of support under Art 194. We have to follow the order of support under Art 199. 196. (3) The ascendants in the nearest degree. 199. (1) The spouses. Art. (2) The descendants in the nearest degree.

Exception: In case the obligor has no separate property. the court may order the guilty spouse to give support to the innocent spouse. support may be withheld. This is MANDATORY. if financially capable shall advance for the support.Ante-nuptial debts of either spouse other than those falling under paragraph (7) of this Article. The payment of support shall be divided between them IN PROPORTION to the resources of each. being of age. which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership. 3) Art. the support of illegitimate children of either spouse. the payment of the same shall be divided between them in proportion to the resources of each. WHEN THERE ARE TWO OR MORE OBLIGORS. While the spouse is the number one in the order of priority. 197.New rule: Brothers and sisters NOT LEGITIMATELY related. the latter is preferred. Art. in case of legal separation. After the final judgment granting the petition. (2) The descendants in the nearest degree. 9: “. ACTION FOR SUPPORT MAY BE INTEGRATED IN ACTION FOR RECOGNITION. This article covers all those bound for support under Art 195 EXCEPT ONLY the spouses. in case of urgent need and by special circumstances. the spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. When two or more recipients at the same time claim support from one and the same person legally obliged to give it. (Art 122. When the obligation to give support falls upon two or more persons. In the same manner. only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property. However. par. whether legitimately or illegitimately related. Only the separate property of the person obliged to give support shall be answerable. and for declaration of nullity of marriage.. the payment of which shall be considered as advances to be deducted from the share of the debtorspouse upon liquidation of the community. should the latter not have sufficient means to satisfy all claims. specifying the terms of such order. must support each other to the FULL EXTENT of Art 194. Upon final judgment. there is an exception when he or she concurs with a child subject of parental authority in which case. However. the order established in the preceding article shall be followed. in case of LEGAL SEPARATION. the defendant cannot ask support pendente lite from the plaintiff. Exception: When the need for support of the brother or sister (not legitimately related). if financially capable. the ACP or CPG. and (4) The brothers and sisters. If the brother or sister is a minor. the court may order that the guilty spouse shall give support to the innocent one. However. In case of legitimate ascendants. par.” The same applies to the CPG for the support of illegitimate children of either spouse after the responsibilities enumerated in Art 121 shall have been covered. for declaration of nullity) support can be demanded because before the annulment (or declaration of nullity). an action for recognition may be joined in a claim for inheritance. the liability shall devolve upon the following persons in the order herein provided: (1) The spouse.. descendants. May the spouse in need of support demand from the other? If the proceeding is for ANNULMENT OF MARRIAGE (in which we may add. 199. Whenever two or more persons are obliged to give support. If the proceeding is for LEGAL SEPARATION. the exception shall not apply. shall advance the support. and brothers and sisters. because the cause for legal separation committed by the defendant would be a ground for the termination of his or her right to support. the obligation of mutual support between the spouses ceases. the obligation of mutual support between the spouses as required by Art 68 shall cease. (3) The ascendants in the nearest degree. the marriage is still subsisting.. there may be some need for support for the spouses and their children.. This is not a matter of right but is discretionary upon the court. whether full or half blood. whether legitimate or illegitimate. in case of absence or insufficiency of the exclusive property of the debtor-spouse. Art. 200. Exception: When there is an urgent need and by special justifying circumstances. the court may order only one of them to furnish the support with right of reimbursement from the other obligors. This article refers to three proceedings:  Legal Separation  Annnulment of Marriage  Declaration of Nullity of marriage During the proceedings. During the proceedings for legal separation or for annulment of marriage. without prejudice to his right to claim from the other obligors the share due from them. unless the concurrent obligees should be the spouse and a child subject to parental authority. . in which case the child shall be preferred. the absolute community or the conjugal partnership. This article is in consonance with Art 94. The support shall come from the ACP or CPG and NOT from the separate property of the spouses. Art. and liabilities incurred by either spouse by reason of a crime or a quasi-delict. the judge may order only one of them to furnish the support provisionally. 198. is due to a cause imputable to the claimant’s fault or negligence.

The right to receive support under this Title as well as any money or property obtained as such support shall not be levied upon on attachment or execution. followed by a complaint in court. The person obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed. As installments do not become due at the same time. installments due and uncollected within the period fixed by the statute of limitations prescribe. Art. Installments uncollected within ten years from the time they become due do prescribe. they will share and share alike the support made available. the husband cannot be compelled to make payments in excess of the sum provided in the judgment for the support of the child. or if the obligor has no family dwelling. Past payments. allowance and atty’s fees. if they happened to be excessive. but it shall not be paid except from the date of judicial or extra-judicial demand.    After final judgment or during the pendency of the appeal. Voluntary agreement reducing the alimony payments on husband’’s stipulation that he would waive right to move for additional decrease. If there is an extrajudicial demand. shall be in proportion to the resources or means of the giver and to the necessities of the recipient. 204. cannot be offset by the current alimony. they prescribe in progression. 202. However. The option is given to the obligor and not the recipients. or by receiving and maintaining in the family dwelling the person who has a right to receive support. the child is preferred. she is entitled to reasonable separate maintenance. or b) Receive and maintain the obligee in the family dwelling. The second option may not be availed of if there is moral or legal obstacle thereto. his heirs shall not be obliged to return what he has received in advance. no application for support pendente lite may be allowed. The amount of support in the five cases under Art 195 and the case under Art 196 shall be proportionate to the resources of the giver and the necessities of the recipient. Support pendente lite can be claimed in accordance with RULE 61 of the NEW RULES OF COURT. Art. Support pendente lite may be claimed in accordance with the Rules of Court. Demand is judicial when a case is filed in court. 201. she cannot be compelled to cohabit with her husband. in which case the order in Art 199 shall be followed subject to the exception that if the concurrent obligees should be the spouse and the child subject to parental authority. Payment shall be made MONTHLY and WITHIN the first five days of each corresponding month. in the cases referred to in Articles 195 and 196. even though such sum was for extraordinary requirements such as medical and surgical services. 205. it must be made retroactive as to affect a vested right of the recipient. it is extrajudicial when the demand is made outside. does it prescribe. that is successively if allowed to remain uncollected within the ten year limitation period. the order granting support is immediately EXECUTORY. muchless. The obligor may waive the option. The amount of support to be awarded to an acknowledged illegitimate child must not exceed that which a legitimate child receives. While the reduction of support may be ordered by the court. The obligor must give the support unless he has no sufficient means to satisfy all claims. If the recipient received payments in advance. such an action is not the proper action contemplated by the article. Art. payment of support shall commence from the time of judicial demand. In the absence of a modification. payment shall commence from the time of extrajudicial demand as this is sufficient to place the obligor in delay. However. Payment shall be made within the first five days of each corresponding month or when the recipient dies. Art. If the concurrent obligees have the same degree of relationship to the obligor. If her leaving the conjugal home is justified.WHEN THERE ARE TWO OR MORE RECIPIENTS. To fulfill the obligation for support. Neither shall it be refunded. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same. his heirs shall not be obliged to return the advances to the obligor in case of death of the recipient. The amount of support. The proper action is for: Support Legal Separation Annulment of marriage where support is one of the basic reliefs prayed for Where the action filed is not one for support but for the recovery of the ownership and possession of real property. the obligor may: a) Pay the fixed allowance every 5 days of the corresponding month. . 203. In case there is no extrajudicial demand. Support in the cases referred to in the preceding article shall be reduced or increased proportionately. The wife can be admonished to return to the husband but if she refused. The order whether granting or denying support pendente lite is INTERLOCUTORY and consequently not appealable. The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for maintenance. A judgment for alimony does not become dormant. The obligation to give support of two or more obligors IS NOT SOLIDARY but only joint in the absence of any express provision making it solidary and is PROPORTIONATE only to the resources of each. did not stop husband from thereafter applying for modification of decree because of hardship. Art.

and third. Whatever is received shall be considered an advance deductible from the ultimate successional share of the obligee. for it is only then that her cause . the giving of support by a stranger is without the knowledge of the obligor. unless it appears that he gave it without intention of being reimbursed.000 monthly support pendente lite. Manuel de Asis . that the support was not given without the knowledge of the person charged with the duty. he is not entitled to renounce or transfer the right for this would mean sanctioning the voluntary giving up of life itself. The adjustment shall not be applied to the support given by will. provided the recipient is not an heir called to the decedent’s inheritance by law of testate or intestate succession. In case of contractual support or that given by will. it is given by a stranger. (4) future support. without the knowledge of the person obliged to give support. Extrajudicial contract for payment of support shall be followed. cannot be renounced. (6) future legitime. that support has been given to a dependent of one bound to give support but who failed to do so. first. Advincula. if there is an excess in the amount beyond that required for legal support. This is contrary to public policy. support. It cannot be left to the will or agreement of the parties. In contractual support. The right to life cannot be renounced. In this case. 206. RTC ordered Manuel to provide Php 2. W/N the case is barred due to the dismissal of the lower court on the basis of the manifestation of both parties. Both parties agreed to move for the dismissal of the case. Article 2035 provides that no compromise upon the following questions shall be valid: (1) civil status of persons. due to both parties’ manifestation) of the first action Art. the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution. In Art 206. which is the means to attain the former. refused to acknowledge Glen Camil. Future support cannot be the subject of a compromise. filiation and paternity must firts be shown between the claimant and the parent. This Article shall particularly apply when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed. RTC states that res judicata is inapplicable in an action for support. After 6 years. According to Article 301 of the Civil Code. Php 5. Neither can it be compensated with what the recipient owes the obligor. hence. the excess is subject to levy on attachment or execution. In case of contractual support or support given by will. In Advincula vs. No. contractual support shall be subject to adjustment whenever modification is necessary due to changes of circumstances manifestly beyond the contemplation of the parties. (2) the validity of a marriage or legal separation. Art.000 a month for support in arrears. paternity and filiation or the lack of the same is a relationship that must be judicially established and it is for the court to declare its existence or absence. 208. Vircel Andres’s action can still prosper amidst the dismissal (futile and useless. any third person may furnish support to the needy individual. it seems futile and a useless exercise to claim to support from defendant. The right of the plaintiffappellant to reiterate her suit for support and acknowledgment is available. filed an action for the maintenance and support against Manuel de Asis. there shall be an adjustment in the amount thereof in case some changes would transpire in the circumstances which the parties ailed to foresee or consider when the contract was executed by them such as inflation or deflation of Philippine currency.father of Glen Camil. The accused who caused the death of the deceased is liable to provide support to a person being supported by the deceased for a period not exceeding to five years. notwithstanding the fact the previous case filed against the same defendant was dismissed. she has the right to bring an action for support. Once the needs of plaintiff arise. and Php 5. DE ASIS V CA Facts: Vircel Andres as the legal guardian/mother of Glen Camil Andres de Asis. The manifestation or the agreement entered into between the petitioner and respondent’s mother for the dismissal of the complaint for maintenance and support conditioned upon the dismissal of the counterclaim is in the nature of a compromise which cannot be countenanced. the right to support being founded upon the need of the recipient to maintain his existence. with right of reimbursement from the person obliged to give support. Furthermore. To allow renunciation or transmission or compensation of the family right of a person to support is virtually to allow either suicide or the conversion of the recipient to a public burden. It violates the prohibition against any compromise of the right to support. the latter shall have a right to claim the same from the former. 207. However. A renunciation or waiver of future support is prohibited by law . CA dismissed De Asis’s motion as well. The law creates a promise of reimbursement on the part of the person obliged to give support. Issues: W/N future support can be renounced / waived Why? According to Tolentino. To recover the support given. No. inspite of the deliberate disregard of his legal and moral duty. Vircel files another action for support against Manuel. specially where the spouse is old and without other property. as her needs arise. (3) any ground for legal separation. alleging that the case is barred by the dismissal of the first case . it may be with or without the knowledge of the obligor with the difference that there is refusal on the part of the obligor to give support when support is urgently needed. Petitioner De Asis moved for the case to be dismissed on the ground of res judicata. When. The right to receive support can neither be renounced nor transmitted to a 3rd person.000 as monthly allowance . support/future support cannot be subject to compromise. it must be alleged and proved. second that the support was supplied by a stranger. the Court ruled that an action for support can be brought.Art. According to the petitioner. In order to claim support. (5) jurisdiction of courts. When the person obliged to support another unjustly refuses or fails to give support when urgently needed by the latter.

Francisco’s defense was that: (a) birth certificates were not signed (b) legitimacy must first be established. Soriano the Court ruled that if the provision of support had to wait the final judgment. judgments in actions for support are immediately executory and cannot be stayed by an appeal. in view of the poverty of the child. College loans were taken out by the petitioner for the support of the twins. college educational support. as she wanted to send her 3-yr old daughter. the first dismissal cannot have force and effect and cannot bar the filing of another action. Belen invokes Articles 174 [legitimate children’s rights] and 195(b) in relation to Article 191(1) and (2) and 199(c) [whenever 2 or more are obliged to give support] of the Family Code. his interest and welfare are always the paramount concerns. Held: W/N judgment for support which is subject of an appeal can be executed No. Francisco should support them. cannot be the subject of compromise. against Caezar Gan. In all cases involving a child. petitioner has not deposited anything. Petitioner’s argument: (a) judgment for support which is subject of an appeal cannot be executed absent any good reason for its immediate execution (b) an action by a child against his putative father. However. In case of default on the part of the parents. Frederico did not sign his daughters’ birth certificates. It is not for us at this instance to review or revise the decision rendered by the RTC for to do so would pre-empt the decision which may be rendered by the CA in the main case for support. He appealed to the CA which dismissed the same and denied his Motion for Reconsideration. filed for an action for support. Rica and Rina were born 7 Petitioner claims: a) Since Frederico has insufficient funds to support the twins. Belen files a petition for support of the twins. no basis to claim support until a final and executory judicial declaration has been made as to the civil status of the children. to date. W/N DNA testing should be administered No useful purpose would be served if we dwell on petitioner’s arguments concerning the validity of the judgment by default and his insistence that he be subjected. he can’t afford it RTC granted a Php10. Petitioner brings the case to the SC. Their marriage annulled by the QC Juvenile Domestic Relations Court for their marriage was solemnized without the required parental consent. the acknowledgment which affects the civil status of persons and future support. or in his default. Specifically. the obligation to provide support falls upon the grandparent. RTC ordered petitioner to recognize private respondent as his illegitimate child and provide Php 20. Rule 39 of the Rules of Court states that unless ordered by the trial court. Hence. In De Leon vs.000 each per month Respondent Fransisco claims: a) Trial court was correct in declaring that petitioner and respondent . Francheska Joy to school. respondent Francisco (grandfather) should be ordered to provide general and educational support for Rica and Rina in the amount of US $50. Petitioner appealed to the CA which affirmed the holding of the RTC. Petitioner Gan denied paternity = birth certificate shows that the father of Francheska Joy is “unknown”. it would not the child of the defendant and therefore not entitled to support (c) consents to submit to DNA testing to resolve the issue of paternity. in such case. it would be a travesty of justice to refuse him support until the decision of the RTC attains finality while time continues to slip away. no need to wait for the final judgment Facts: Bernadette Pondevida. The delayed payment cannot cure the evil and repair the damaged caused. months later. (d) obligation must be borne by those more closely related to the recipient (Belen and her 2nd husband who voluntary assumed the duties and responsibilities of a natural father) (e) even if Frederico is liable.000 per month support to the twins.of action accrues. GAN V REYES W/N the writ of execution should be annulled claims that support which is subject of an appeal cannot be executed absent any good reason for its immediate execution. respondent Frederico. (c) whatever good deeds he may have done to Rica and Rina was founded on pure acts of Christian charity. The futility of his arguments is very apparent. (b) CA erred in just giving her Php5. petitioner has done enough to delay the execution of the writ: (1) petitioner surrendered a sedan which was not his (2) petitioner filed before the CA a Motion for Leave to Deposit in Court Support Pendente Lite. support is immediately executory and cannot be delayed. (a) Francisco has the financial capability to help defray the cost of Rica and Rina’s schooling. No.000 per month. Francisco is liable for the college educational support of Rica and Rina Facts: Petitioner Belen Mangonon and Respondent Frederico Delgado were civilly married. There may be instances where. This is an exception to the general rule which provides that the taking of an appeal stays the execution of the judgment and that advance executions will only be allowed if there are urgent reasons therefor. then procedural rules which were primarily drafted to protect parties in the realm of constitutional guarantees would acquire a new sanctity at the expense of equity and justice. that the adultery of the child’s mother would be valid defense to show that the child is a fruit of adulterous relations for. Since the former dismissal was predicated upon a compromise. If the writ of execution would be voided on the ground of technicality. She claims that Rica and Rina are the legitimate daughters of Frederico.000 more or less/ Year. together with Bernadette to DNA testing to settle the issue of paternity. asking for the same relief against the same defendant. Section 4. MANGONON V CA grandfather can be liable for the financial support of his grandchildren if the parents are incapable of doing so. Sheriff levied petitioner’s Honda City. the children may in the meantime had suffered because of lack of food or have missed and lost years in school because of lack of funds.

duties. 204 of the Family Code The Court believes that respondent Francisco could not avail himself of the 2nd option. mother must file a proper action for compulsory recognition of an illegitimate child or in an action for support and not in a case for an issuance of a temporary protection due to domestic abuse pursuant to RA 9262 Facts: In an action for the issuance of a temporary protection due to woman and child abuse filed by Cherryl Dolina against respondent Glenn Vallecera. she wouldn’t have to take out a loan Francisco is the Chairman of Citadel Corporation . he has the option to fulfill the obligation either by paying the support or receiving and maintaining in the dwelling here in the Philippines the person claiming support d) Twin daughters are US citizens. we could not see Rica and Rina moving back here in the Philippines in the company of those who have disowned them. She left the house of her in-laws in Forbes. Article 194 provides that the support given must be “in keeping with the financial capability of the family”. RTC denied the motion for reconsideration of the defendants. Candice and Mariano. and the allegations hurled at one another by the parties. To hold otherwise. Frederico and Belen are incapable of proving for Rica and Rina’s college education: (i) Frederico has insufficient funds to support his daughters (ii) If Belen had the means to provide for her children’s college education. following the ordering in Article 199. Edward W/N the twins should just live with Francisco in pursuant to Art. Particularly difficult for Rica and Rina must be the fact that those who they had considered and claimed as family denied having any familial relationship with them.000 a month. RTC also has to resolve the issue regarding the applicability of Art. together with her kids when she caught her husband in a compromising situation with the inhouse Midwife. Petitioners appealed to the CA saying that Edward’s income is insufficient. Cheryl’s charge against Edward for concubinage did not prosper for insufficient evidence. on behalf of her children. by prima facie proof. W/N Petitioners can avail of the alternative option in Article 204 of the Civil Code as amended No. 200(3) [person obliged to give support has insufficient funds. With the filing of this case. Edward is still liable for the support of Cheryl October 30. grandparents Prudencio and Filomena are liable for the support of their grandchildren (Candice.000. . Edward. Lester and Mariano) only. those are all things of the past now. 15 of the Civil Code) Respondent Frederico: (a) denies that he sired Rica and Rina (b) if he could be liable. LIM V LIM Lives in Forbes. both in the paternal (petitioners) and maternal lines. The latter alternative cannot be availed of because it will force Cheryl to return to the house which. the filiation of her twin daughters to private respondents and the twins’ entitlement to support pendente lite. Although the twins had a good relationship with him as evidenced by the letters. even though living abroad (Art. the relationships among the parties had certainly been affected. for her. Lester. Francisco owns real property abroad. then all school-bound. the other relatives enumerated in 199 should provide the necessary support] Issues: W/N grandparents can be liable for support together with Yes. Given all these. RTC granted a monthly support of Php 40. Php 6. 199 b) Petitioner was able to get a loan c) If he could be liable for support. filed an action for support against petitioners her in laws and husband. or to the status. in-laws: Php 34. Francisco sent Rica and Rina to HK when they visited the Philippines W/N the support should be borne by Fransisco Fransisco should be liable for the support of Rina and Rica. SC remanded the case to the RTC for further proceedings consistent with the ruling. He has enough funds to support to his grand daughters. CA affirmed the CA ruling and held that grandparents can be held liable for support pursuant to Article 195 [entitled to support: parents and their children and the latter’s children]. Support for Cheryl is borne by her husband. is insufficient to meet respondents’ basic needs. This inability of Edward and Cheryl to sufficiently provide for their children shifts a portion of their obligation to the ascendants in the nearest degree. DOLINA V VALLECERA for a grant of legal support.000. Rica and Rina were in constant communication with their lolo via letters wherein: . It is also undisputed that the amount of support Edward is able to give to respondents. he has the option to pay the support or receive and maintain in the dwelling here in the Philippines the persons claiming support Issues: W/N the twins are the legitimate children of Frederico The petitioner was able to establish.Francisco referred to them as Rina and Rica Delgado . condition and legal capacity of persons are binding upon citizens of the Philippines. 2009 Facts: Responent Cheryl Lim. 15 of the Civil Code to the girls.the twins called him Lolo Paco. there is no question that Cheryl is unable to discharge her obligation to provide sufficient legal support to her children.Frederico are the ones who should support the twins pursuant to Art. the petitioner also asks for the support of their child. her steadfast insistence on its occurrence amounts to a moral impediment bringing the case within the ambit of the exception clause of Article 204. is the scene of her husband’s infidelity. they cannot invoke the Family Code provisions on support as laws relating to family rights. This support only extends to their grandchildren. Court remanded the case back to the RTC to determine the amount of support to be given. precluding its application. and thus subscribe to petitioners’ theory is to sanction the anomalous scenario of tolerating extreme marital deprivation of children because of parental inability to give adequate support even if ascendants one degree removed are more than able to fill the void. Edward Php6. Edward — the obligation which arise from their marital bond.000.

Denied by the RTC.000 for Susan’s eye operation. She prayed for support pendente lite in the amount of Php500. Dental expenses 3. Respondent filed a motion for reconsideration and a motion for inhibition against the RTC judge. as these bear no relation to the judgment awarding support pendente The deductions should be limited to the basic needs and expenses considered by the RTC and CA. Respondent paid the support in arrears (September 2003 . The assailed ruling of the CA is inconsistent with the executory decision and it completely ignored the unfair consequences to petitioner whose sustenance and well-being was given due regard by the RTC and the CA. Dolina’s remedy is to file for the benefit of her child an action against Vallecera for compulsory recognition in order to establish filiation and then demand support. Medical expenses of Susan Lim-Lua 2. The arrears were correctly deducted by respondent 2. The monthly support pendente lite granted by the RTC was intended primarily for food. Hence the value of the 2 expensive cars bought by respondent for the children plus their maintenance cost. he deducted the following: (a) BMW 316i for Daniel Ryan (b) Car Maintenance for the same (c) Credit Card Statements of Daniel Ryan (d) Volkswagen Beetle for Angeli Suzanne (e) Car maintenance fees of Angeli Suzanne Petitioner asserted that none of the expenses deducted by respondent may be chargeable as part of the monthly support. It held that : 1. Php250. Vallecera disowns Dolina’s child and denies having a hand in the preparation and signing of its certificate of birth.000 per month since September 2003 as support in arrears. if the same is not admitted or acknowledged. it is just as aware of the disturbance that unfounded paternity suits cause to the privacy and peace of the putative father’s legitimate family. CA deducted the monthly support to Php 115. This issue has to be resolved in an appropriate case. CA dismissed Susan’s motion for contempt of court with damages against Danilo as it granted the respondent’s motion for review. this assumes that both are entitled to a protection order and to legal support. where the issue of compulsory recognition may be integrated and resolved. be deducted from the total support in arrears owing to petitioner and her children LIM LUA V LUA only expenses which are related to the judgment granted support pendente lite may be deducted from it Facts: Susan Lim-Lua filed an action for the declaration of nullity of her marriage with respondent Danilo Lim. While the Court is mindful of the best interests of the child in cases involving paternity and filiation. she may directly file an action for support. Credit Card purchases of Daniel Ryan . To be entitled to legal support. RTC ruled in favor of the petitioner and ordered the full payment of the support in arrears. the issuance of a protection order against the respondent in the case can include the grant of legal support for the wife and the child. petitioner must. Motion for Reconsideration had been filed beyond the 3-day notice period. RTC found out that the true object of her action was to get financial support from Vallecera for her child. and also petitioner’s scoliosis therapy.000 a month and Php 135. Alternatively. travel expenses of petitioner and Angeli. Order had already become final and executory. Danilo refused to pay the support in arrears. Only the following expenses of respondent may be allowed as deductions from the accrued support pendente lite for petitioner and her children: 1. citing respondent’s huge earnings from salaries and dividends in several companies and businesses here and abroad.000 a month in arrears as well as future monthly support. purchases through credit card items other than groceries and dry goods (clothing) should have been disallowed. her claim being that he is the father. Ordered Danilo to resume payment of monthly support Issues: W/N certain expenses already incurred by the respondent may The CA should not have allowed all the expenses incurred by respondent to be credited against the accrued support pendente lite. household expenses such as salaries of drivers and house helpers. RTC granted the support pendente lite and ordered Danilo Lua to give Php 250. first establish the filiation of the child. RTC denied Dolina’s Motion for Reconsideration Issue: W/N the RTC correctly dismissed Dolina’s action for temporary protection and denied her application for temporary support for her child Held: SC denies the petition and affirms the RTC decision stating that Dolina evidently filed the wrong action to obtain support for her child.000 as monthly support.March 2005) to Susan. However. Both were denied. Respondent Danilo filed a Mot ion for Reconsideration. Credit Card purchases Angelli Suzanne (grocery and clothing) 4.Respondent claimed that : a) Dolina’s petition was essentially one for financial support rather than for protection against woman and child abuses. in proper action. Although. b) He was not the father of the child c) Signature in the Birth Certificate was not his d) Petition is a harassment suit intended to force him to acknowledge the child as his and give it financial support e) Vallecera had never lived nor has been living with Dolina RTC dismissed the petition because there has no been no prior judgment exists establishing the filiation of Dolina’s son and granting him the right of support as basis for an order to compel the giving of such support.

In case of absence or death of either parent. 212. The Court shall take into account all relevant considerations. especially the choice of the child over seven years of age. Any minor guilty of disrespect and disobedience to his parents renders himself criminally liable upon a signed complaint of the latter. A post-divorce joint custody agreement between petitioner (American) and respondent (Filipino) executed in the Philippines over their child below seven years old is VOID as it contradicts the rule granting sole custody to the mother under such circumstances (Dacasin v Dacasin). the benefit. parental authority and responsibility may not be transferred EXCEPT when te law so authorized as in the ff cases:      Guardianship Legal Adoption Final order or judgment of a competent court Substitute parental authority Separation of the parents    Death. In case of separation of the parents.may go to court to modify or reverse the same.TITLE IX PARENTAL AUTHORITY Chapter 1. As a rule. the present or surviving parent shall continue to exercise parental authority over the children. (Act No. The law directs the court to take into account all relevant considerations in designating the parent who will have the custody and who will exercise parental authority over the child. unless the court finds compelling reasons to order otherwise. The remarriage of the surviving parent shall not affect the parental authority over the children. No child under seven years of age shall be separated from the mother. abandoning the child to another person for valuable consideration. the father's decision shall prevail. Parental authority shall be exercised by the parent designated by the court in case of legal separation. unless the parent chosen is unfit. arbitrary or unlawful. General Provisions Art. The parents may also be admonished for unreasonable negligence in the performance of their duties toward their children. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children. parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral. 209. The penalty of arresto mayor and a fine not exceeding Php 500 shall be imposed upon parents who shall neglect their children by not giving them the education which their station in life requires and financial condition permits. the same rule applies. (Eslao v CA) Art. The father and the mother shall jointly exercise parental authority over the persons of their common children. the parent present shall continue exercising parental authority. 211. RELEVANT CONSIDERATIONS BASED ON JURISPRUDENCE  Previous care and devotion  Religious considerations  Home environment  Time availability for care of child  Financial considerations The welfare. orphanages. for valid reasons. The filial bond between parents and children is never destroyed by emancipation. (PD 603) Art. The article clearly mandates that a child shall not be separated from his mother unless the court finds compelling reasons to order otherwise. Parental authority is the sum total of the rights of parents over the person and property of their children. Exception: When the court. absence or insuitability of the parents Entrusting of disadvantaged children to heads of children’s homes. If the present spouse remarries under the situation contemplated in Art 41 of the FC. and similar institutions duly accredited Surrender of the child by its parents done in writing to any public institution or any benevolent or charitable institution pursuant to Act 3094 There is no abandonment of parental authority when child is entrusted temporarily to a relative. In case of disagreement. The agreement would be valid if the spouses have not divorced or separated because the law provides for joint parental authority when spouses live together. Art. In the exercise of parental authority. If the surviving parent remarries. unless there is a judicial order to the contrary. the good of the child must be determined as of THE TIME either parent is chosen to be the . the best interests. mental and physical character and well-being. appoints another person as guardian of the person or property of the children. Couples who are separated in fact are covered within the meaning of this article. Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority. 210. there is no distinction between legitimate and illegitimate children. Should the father’s decision be oppressive. etc. parental authority shall be exercised by the parent designated by the Court. unless the court appoints another person to be the guardian of the person or property of the children. Decisions on custody of minors are always open to adjustments as circumstances demand. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. the wife . The parents also incur criminal liability for acts enumerated under Art 59 of PD 603 such as abandoning the child to lose its civil status. 213. If one parent is absent or dead. 4002) Art. the remarriage shall not affect the parental authority over the children.

An appointed guardian cannot delegate his duties to a stranger. In case of death. without a known parent or person having custody or charge of it. 214. over twenty-one years of age. Divided custody of the child is detrimental. taking into account the same consideration mentioned in the preceding article. Whenever the appointment or a judicial guardian over the property of the child becomes necessary. Foundling. 214. in a criminal case.an infant found by others abandoned or exposed. children or other direct ascendants. the one designated by the court. the Supreme Court declared that the privilege applies only to DIRECT ascendants and descendants. criminal. shall exercise substitute parental authority in case of the: 1. shall exercise the authority. orphanages and similar institutions duly accredited by the proper government agency. What is the filial privilege rule? Under Sec.custodian and not at the time of filing of the petition. or administrative. abandoned neglected or abused children and other children similarly situated. In case several survive. voluntary testimony is NOT prohibited whether against or in favor of the parents and grandparents. No descendant shall be compelled. and (3) The child's actual custodian. But those who revised the Rules of Civil Procedure chose to extend the prohibition to ALL kinds of actions. 216. In default of parents or a judicially appointed guardian. or whose parents or guardians have deserted him for a period of at least 6 months. Art. Chapter 2. 25 of Rule 130 of the Rules of evidence “No person may be compelled to testify against his parents. A stepdaughter has no common ancestry by her stepmother. the law mandates that parental authority over them shall be entrusted to a) Heads of children’s homes b) Orphanages c) Similar institutions duly accredited by the proper governmental agency . over twenty-one years of age. Neglected child. 215. the following person shall exercise substitute parental authority over the child in the order indicated: (1) The surviving grandparent. A surviving grandparent or one designated by the court from among several surviving grandparents. This article applies only in criminal cases. Art. to testify against his parents and grandparents. Neglect may either be physical or emotional. Death of both parents Absence of both parents Unsuitability of both parents Art.” The afore-quoted rule is an adaptation from a similar provision in Art 315 of the Civil Code that applies only in criminal cases. A child below 7 yrs old may be separated from her mother if there are compelling reasons such as:  Immorality  Neglect and abandonment  Drug addiction  Non-employment  Habitual drunkenness  Maltreatment of the child  Insanity  Being sick with a communicable disease The same aforementioned rule applies to illegitimate children. In Emma Lee v CA. 2. other direct ascendants. a family tie connected by a common ancestry. Abandoned child. Anyone not mentioned is EXCLUDED. unless unless Abused child. the same order of preference shall be observed. except when such testimony is indispensable in a crime against the descendant or by one parent against the other. 3.one subjected to sexual abuse or maltreatment by his parents or other persons. parental authority shall be entrusted in summary judicial proceedings to heads of children's homes. The enumeration is EXCLUSIVE.one whose basic needs have been deliberately unattended or inadequately attended. (Espiritu v CA) WHAT DETERMINES ANY PARENT is the ability to see the  Physical  Educational  Social  Moral welfare of the children. He has the duty to take care and to attend PERSONALLY the management of the properties of his ward and to safeguard the funds and properties of said ward under his control. Substitute and Special Parental Authority Art. In case of foundlings. except when such testimony is indispensable in a crime against the descendant or by one parent against the other. COMPELLING REASONS. unfit or disqualified. as provided in Art. substitute parental authority shall be exercised by the surviving grandparent. unfit or disqualified. absence or unsuitability of the parents.one who has no proper parental care or guardianship. FOR THE PROTECTION OF THESE CHILDREN. (2) The oldest brother or sister. filed against parents and other direct ascendants or descendants. What is prohibited is to COMPEL a descendant to testify AGAINST his parents and grandparents in a criminal case. 217. whether civil. However.

self-reliance. In SOLIDARY LIABILITY. 218. OTHERWISE KNOWN AS THE DOMESTIC ADOPTION ACT OF 1998. They shall have SPECIAL parental authority and responsibility over MINOR children while they are under their supervision. industry and thrift. PRESIDENTIAL DECREE NO. (3) To provide them with moral and spiritual guidance. entity or institution. 603. Special parental authority may be concurrent with the parental authority of the parents. supervise their activities. judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable. neglected. instruction or custody. stimulate their interest in civic affairs. The foundling certificate serves a s the certificate of birth of the foundling except that it lacks details as to the circumstances of birth. advice and counsel. instruction. 220. companionship and understanding. In SUBSIDIARY LIABILILTY. integrity. the special parental authority ceases. (7) To demand from them respect and obedience. or the individual. (2) To give them love and affection. RA 9523 AN ACT REQUIRING CERTIFICATION OF THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) TO DECLARE A "CHILD LEGALLY AVAILABLE FOR ADOPTION" AS A PREREQUISITE FOR ADOPTION PROCEEDINGS. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school. As soon as the children had passed the minority age or as soon as they have been removed from the school or institution. OTHERWISE KNOWN AS THE INTERCOUNTRY ADOPTION ACT OF 1995. when still within the supervisory custody of his teacher. All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. The student is in the custody of the school authorities as long as he is under the control and influence of the school and within its premises. the LCR will issue a FOUNDLING CERTIFICATE which should be transmitted within 7 working days to the NSO. all the concerned obligors simultaneously or any one of them can be made liable for the entire obligation. Art. judicial guardians or persons exercising SUBSTITUTE parental authority over the child shall be subsidiarily liable. or custody. entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision. it is only when the principal obligor is insolvent. if a student of legal age commits a quasi-delict. The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and duties: (1) To keep them in their company. and surrendered child as legally available for adoption has been transferred from the courts to the Department of Social Welfare and Development (DSWD). preserve and maintain their physical and mental health at all times. protect. (6) To represent them in all matters affecting their interests. studies and morals. 129. For the acts or omissions of unemancipated minors under those exercising SPECIAL parental authority shall be liable principally and solidarily. recreation and association with others. The parents. The administrators and teachers 3. inculcate in them honesty. After the DSWD has issued a certificate that the child is available for adoption. (8) To impose discipline on them as may be required under the circumstances. The individual. to support. The defense which can be invoked to avoid solidary liability is the exercise of proper diligence required under the particular circumstances which could be ordinary or extraordinary. Art. (4) To enhance. The school. OTHERWISE KNOWN AS THE CHILD AND YOUTH WELFARE CODE. AND FOR OTHER PURPOSES    The process of declaring an abandoned. (5) To furnish them with good and wholesome educational materials. 8552. educate and instruct them by right precept and good example. its administrators and teachers. Schools 2. par. and prevent them from acquiring habits detrimental to their health. whether the semester has not yet begun or has already ended. Thus. 7 NCC and not under Art 218 FC which applies ONLY when the students are still MINORS. AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. The scope extends to ALL authorized activities whether inside or outside the premises of the school. entity or institution engaged in child care. REPUBLIC ACT NO. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. and to provide for their upbringing in keeping with their means. Effect of Parental Authority Upon the Persons of the Children Art. The provisions of the CC on quasi-delicts (Art 2176-2194) shall be applied in all other cases not covered by Art 217-219. Substitute parental authority cannot be exercised concurrently with the parents’ parental authority because of obvious reasons. 8043.The proceedings for the entrustment of parental authority shall be SUMMARY. that the other is made liable. self-discipline. and inspire in them compliance with the duties of citizenship. protect them from bad company. to wit:    Both parents are dead Both parents are absent Both parents are unsuitable (Art 214) The article refers to: 1. and . Chapter 3. will make the latter solidarily liable with him under Art 2180. while the parents. The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances.

Art.(9) To perform such other duties as are imposed by law upon parents and guardians. a. entity or institution exercising parental authority. RIGHTS. The child is however. unless there is a judicial order to the contrary. 223. 222. The erring children are not under their parental authority Art. may petition the proper court of the place where the child resides. he or she is entitled to counsel in the proceedings which shall be summary in nature. Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. either of his choice or appointed by the court. The court may commit or place the custody of the child for NOT MORE THAN 30 DAYS in institution engaged in child care. the parent concerned shall be required to furnish a bond in such amount as the court may determine. for an order providing for disciplinary measures over the child. but MAY NOT interfere in the care of the child. The erring children do not live in their company c. Even though the parents are still alive. entitled to due process and to assure this. They have the ff duties:  To keep them in their company. the individual. The parents have the right:  To demand respect and obedience  To discipline their children or wards as may be required under the circumstances DUTIES. 224. However. and a summary hearing shall be conducted wherein the petitioner and the child shall be heard. irrespective of the merits of the petition. The parents or. in their absence or incapacity. the court may still appoint a guardian over the child’s property or guardian ad litem (pending litigation) when the best interests of the child so require. 221. OTHER RIGHTS  To give or withhold their consent or advice to the children’s marriage in certain instances  To grant or withhold consent to be a party-signatory to the marriage settlement of their minor children  To exercise joint legal guardianship over the property of their children  To give or withhold consent to the adoption of the child  To file claims on behalf of their children against the government  To disinherit children for valid causes  To defend them from unlawful aggression OTHER DUTIES  To answer damages caused by their children living in theor company  To answer civilly for the felonies committed by their children over nine but below fifteen who acted without discernment  To give and not impair the legitimes and other successional rights of allowances to their unemancipated children to whom the management of their (parents) property had been entrusted Art. Where the market value of the property or the annual income of the child exceeds P50. The father and the mother shall jointly exercise legal guardianship over the property of the unemancipated common child without the necessity of a court appointment. The measures referred to in the preceding article may include the commitment of the child for not more than thirty days in entities or institutions engaged in child care or in children's homes duly accredited by the proper government agency. the court may terminate the commitment of the child whenever just and proper. This article only applies to UNEMANCIPATED children living in the company and under the parental authority of their parents or other persons exercising parental authority over them. or in childrens’ homes duly accredited by the proper government agency. Art. but not less than ten per centum(10%) of the value of the property or annual income. Effect of Parental Authority Upon the Property of the Children Art. In case of disagreement. to guarantee the performance of the obligations prescribed for general . The commitment may terminate upon motion or upon the court’s own instance when just and proper. Observance of the diligence of a good father of a family to prevent damage b. Chapter 4.000. The child shall be entitled to the assistance of counsel. The parent exercising parental authority shall not interfere with the care of the child whenever committed but shall provide for his support. Upon proper petition or at its own instance. support and educate them  To love and give them wise counsel  To guide them morally and spiritually  Stimulate their interest in civic affairs  Inspire them to comply with duties of citizenship  Provide them their needs for their education and instruction  Supervise their activities to maintain their ohysical and mental health and morality  To represent them in all matters affecting their interest Parents who neglect their children by not giving them the education which the family’s financial conditions permit are CRIMINALLY LIABLE for neglect of child under Art 59 of PD 603. or when the circumstances so warrant. the father's decision shall prevail. The courts may appoint a guardian of the child's property or a guardian ad litem when the best interests of the child so requires. if in the same proceeding the court finds the petitioner at fault. Liability of parents for quasi-delicts and felonies committed by minor children is DIRECT and PRIMARY. The parent exercising parental authority shall provide for the support of the child during the child’s commitment. 225. the court may also order the deprivation or suspension of parental authority or adopt such other measures as it may deem just and proper. DEFENSES.

RTC dismissed the petition. The Court shall take into account all relevant considerations. Unemancipated child working for parents Facts: Teresita is the mother of Rosalind and Reginald. Reynaldo went home to the Philippines and left his children with his sister. unless the child chosen is unfit. In any case. The ordinary rules on guardianship shall be merely suppletory except when the child is under substitute parental authority. Guillerma Layug. It is NOT collationable. in which case the ordinary rules on guardianship shall apply. Teresita eventually went home and filed a petition for habeas corpus against Petitioners Reynaldo and Guillerma to gain custody of Reginald and Rosalind. secondarily for the collective needs of the family. Moreover.The latter is only possible if there is excess aster satisfying the child’s needs. all FRUITS of these properties belong to the child as the parental usufruct previously enjoyed by the parents under Art 321 CC had been abrogated in the FC. the father’s decision prevails. ESPIRITU V CA Property acquired by the unemancipated child through his  Work or industry  Onerous title  Gratuitous title shall belong to the child in ownership. Issues: W/N CA erred in giving the custody to Teresita Yes. The CA blindly resolved the question of custody over the children through an automatic and blind application of Article 363 of the Civil Code which states: “In all questions on care. Reynaldo and went back to California. Art. or. 226. c. The property of the unemancipated child earned or acquired with his work or industry or by onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the latter's support and education. Exception: IF the title or document of transfer provides for other purposes. The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator were a stranger. b. All incidents regarding the performance of the obligations of the parents as joint legal guardians shall be resolved in the SAME summary proceeding for the approval of the bond. ORDINARY RULES ON GUARDIANSHIP SHALL APPLY 1. It also suspended Teresita’s parental authority over the children and declared Reynaldo to have sole parental authority over them but with visitation rights to be agreed upon by the parties and to be approved by the Court. the latter’s welfare shall be paramount. If the parents entrust the management or administration of any of their properties to an unemancipated child.000. She left her children with their father. 227. it must refer to the needs of the family as a whole. The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding the performance of the obligations referred to in the second paragraph of this Article shall be heard and resolved. The bond cannot be less than 10% of the child’s property or annual income if the market value of said property or annual income exceeds Php 50. Children by previous marriage do not fall under this article nor emancipated minors. When the child is under substitute parental authority 2. BOND TO GUARANTEE PERFORMANCE OF OBLIGATIONS. A verified petition for approval of the bond shall be filed in the proper court of the place where the child resides. No mother shall be separated from her child under seven years of age. the net proceeds of such property shall belong to the owner. The task of choosing the parent to whom custody shall be awarded is not a ministerial function to be determined by a .” The CA was unduly swayed by an abstract presumption of law rather than an appreciation of relevant facts and the law which should apply to those facts. The right of the parents over the fruits and income of the child's property shall be limited primarily to the child's support and secondarily to the collective daily needs of the family. the property shall be used as so provided. The child’s property shall be used primarily for the child’s support. parental authority shall be exercised by the parent designated by the Court. When a parent has remarried Art. unless the court finds compelling reasons for such measure” and Article 213 of the Family Code states: “In case of separation of the parents. CA gave custody to Teresita and visitation rights on weekends to Reynaldo. Also. and not to the parents. The mother and father shall jointly exercise legal guardianship over the property of their COMMON UNEMANCIPATED children without need of a court appointment as guardians. Reynaldo sued Teresita for bigamy as she was previously married before she lived in with him in Pittsburgh. custody. When the guardian is a stranger 3. unless the owner. especially the choice of the child over seven years of age. unless the title or transfer provides otherwise. in the proper court of the place where the property or any part thereof is situated. 6. In case of disagreement. Net proceeds shall belong to the parents Child shall be entitled to reasonable allowance for his services Amount given to the cchild shall not be deducted fromm his legitime. education and property of children. while under administration by the parents shall be devoted exclusively to the latter’s support and education. grants the entire proceeds to the child. if the child resides in a foreign country.guardians. The law requires the putting up of a bond to be fixed by the court in a summary proceeding. the proceeds thus give in whole or in part shall not be charged to the child's legitime. The property of the child. or the guardian is a stranger. or a parent has remarried. unless there is a judicial order to the contrary. a.

In case of absence or death of either parent.. It can be overcome by “compelling reasons. personality conflicts. the legitimate father is still preferred over the grandparents. Observation of the trial court: Teresita demonstrated her ebullient temper that tended to corroborate the alleged violence of her physical punishment of the children and emotional instability. Assuming that the presumption should have persuasive value for children only 1 or 2 years beyond the age of 7 years mentioned in the statute. The 7 yearage limit was mechanically treated as an arbitrary cut off period and not a guide based on a strong Presumption.” If the child is over 7. His appeal of the unfavorable . Instead of scrutinizing the records of the case. or even to a third party as it deems fit under the circumstances. In the present case. should not be sufficient reason to strip him of his permanent right to the child's custody. The argument that moral laxity or the habit of flirting from one man to another does not fall under “compelling reasons” is neither meritorious nor applicable in this case. at least in Rosalind. typified by her failure or refusal to show deference and respect to the Court and other parties Facts: Santos Jr. and exposure to conflicting moral values. If a child is under 7 years of age. it went ahead and simply followed statutory presumptions and general propositions applicable to ordinary or common situations. We find the aforementioned considerations insufficient to defeat petitioner's parental authority and the concomitant right to have custody over the minor Leouel Santos. Jr. Teresita is an unfit mother based on the ff: 1.simply determination of the age of a minor child. both Rosalind and Reginald are now over 7 years of age. Private respondents' demonstrated love and affection for the boy. In ascertaining the welfare and the best interests of the child. but again. notwithstanding. Nevertheless. The child's welfare is always the paramount consideration in all questions concerning his care and custody. Custody is given to Reynaldo. it cannot be construed as abandonment. thus meeting the 2 requirements found in the 1st paragraph of Article 213 of the Family Code. the son of Leouel Santos. They are capable of thoughtfully determining the parent with whom they want to live. The children understand the unfortunate shortcomings of their mother and have been affected in their emotional growth by her behavior. W/N Reynaldo should be granted custody over his children Reynaldo is a fit person. absence or unsuitability may substitute parental authority be exercised by the surviving grandparent. 4. The father and mother. the parent present shall continue exercising parental authority. assails that decision. RTC granted the petition of spouses Bedia of the care and custody of Santos. and award the custody on the cases of that consideration. Sr. W/N Teresita should be granted custody over her children RTC findings affirmed. Whether a child is under or over 7 years old. There has been no decree of legal separation and petitioner's attempt to obtain an annulment of the marriage on the ground of psychological incapacity of his wife has failed. the court is not bound by that choice. petitioner Santos. Held: Yes.. particularly since he has not been shown to be an unsuitable and unfit parent. In its discretion. Sr. Jr. The presumption under the 2nd paragraph of said article no longer applies as the children are over 7 years of age. The fact that he was unable to provide financial support for his minor son from birth up to over three years when he took the boy from his inlaws without permission. courts are maintained by the Family Code to take into account all relevant considerations.Rosalind’s psych test with child psychologist of Assumption College. the court may find the chosen parent unfit and award custody to the other parent. she drives to Pittsburgh and lives in with Reynaldo (b) Teresita tried to picture Reynaldo as a rapist (c) Daughter Rosalind suffered emotional disturbance caused by the traumatic effect of seeing her mother hugging and kissing a boarder in their house as Teresita had an affair with the co-worker of Reynaldo. While petitioner's previous inattention is inexcusable and merits only the severest criticism. SR. which from the records appear to have become final. Only in case of the parents' death. Julia is in the States. and Julia Bedia has been in the custody of Julia’s parents. are duty bound and entitled to keep them in their custody and company. Petitioner claims that he couldn’t find the whereabouts of Julia. Issue: W/N the custody should be granted to Santos. Not only are the children over 7 years old and their clear choice is the father. RTC’s findings why Teresita is an unfit mother: (a) She was legally married to Roberto Lustado. The law vests on the father and mother joint parental authority over the persons of their common children. is working in the United States while the father. the law presumes that the mother is the best custodian. Leopoldo Bedia and Ofelia Bedia. Jr. The latter's wealth is not a deciding factor. The presumption is strong but it is not conclusive. VS CA 3. This is not to mention her conviction for the crime of bigamy. there are compelling reasons and relevant considerations not to grant custody to the mother. working as a nurse. Petitioner herein. but the illicit or immoral activities of the mother had already caused emotional disturbances. Not only are they physically apart but are also emotionally separated. the latter still sends support for their son. Discretion is given to the court to decide who can best assure the welfare of the child. Sr. Social welfare case study conducted by Social Welfare Officer Emma Lopez for the purpose of securing the travel clearance required before minors may go abroad showed (a) Rosalind refused to go back to the US and be reunited with her mother (b) Rosalind feels unloved and uncared for (c) Rosalind was more attached to her yaya who did everything for her SANTOS. after less than a year. The situation obtaining in the case at bench is one where the mother of the minor Santos. is present.. petitioner is in no position to support the boy. particularly because there is no proof that at the present time. his choice is paramount. being the natural guardians of unemancipated children. Rita Macabulos (a) negative feelings towards her mother which is the cause of most of the child’s anxiety (b) saw her mother hugging and kissing a bad man who works with her father (c) Rosalind chooses petitioners over the private respondent and that her welfare will be best served by staying with them 2. the paramount criterion must always be the child’s interests.

are still the natural guardians of their children. Respondent filed a petition for annulment of marriage against Petitioner Petitioner filed in the habeas corpus case a motion seeing visitation rights over his children. Private respondents' attachment to the young boy whom they have reared for the past three years is understandable. the law allows a waiver of parental authority only in cases of (1) Adoption (2) Guardianship (3) Surrender to a children’s home or an orphan institution which do not appear in this case. Meanwhile. So many men in uniform who are assigned to different parts of the country in the service of the nation. 2. though unjustifiable. RTC granted the petition. They were very much affected by the of their father. Leslie and Angelica Leslie was entrusted to the petitioner’s mother in Pampanga. SC remanded the case back to trial court (which earlier based its ruling mainly on the psych test by Dr. Thus. a fact which has not been proven here. His drug addiction only worsened and it became difficult for respondent and her children to live with him. His being a soldier is likewise no bar to allowing him custody over the boy. When private respondent entrusted the custody of her minor child to the petitioner. While petitioner may have a history of drug dependence. Petitioner returned to the Philippines and told respondent about her desire to take the children with her to the US. RTC ordered that the custody of the children still be with their mother and that Petitioner should undergo urine test 3 times a month with the Dangerous Drugs Board Issue: W/N trial court considered the paramount interest and welfare of the children in awarding their custody to respondent LAXAMANA V LAXAMANA father’s drug addiction. There she met Dr.decision against him and his efforts to keep his only child in his custody may be regarded as serious efforts to rectify his past misdeeds. Out of that marriage. It is not just to deprive our soldiers of authority. respondent claimed that petitioner was not fully rehabilitated. Ocampo. is likewise not a ground to wrest custody from him. They stayed with Maria Paz’s mother in law. Petitioner filed a petition for writ of habeas corpus for the custody of her child. It would also give the father a chance to prove his love for his son and for the son to experience the warmth and support which a father can give. saw him getting angry at their grandmother and the anger was displaced to their mother. CA affirmed the RTC decision Issue: W/N Maria Paz abandoned Angelica to the care and custody of Petitioner Teresita Held: No. Respondent Teresita resisted and claimed that Maria abandoned her. Maria left Angelica and went to Pampange. the Petitioner asked Maria to let Angelica stay as she was mourning for the death of Reynaldo. When Maria was going to Pampanga. Ocampo concluded that Reymond is not complete cured even though his drug urine test at Medical City for shabu was negative. RTC granted visitation rights. The trial court’s disquisition in consonance with the provision that the child’s welfare is always the paramount consideration in all questions concerning his care and custody convinced this Court to decide in favor of private respondent: The petitioner and her present husband have a home of their own and they have 3 cars. care and custody over the children merely because of the normal consequences of their duties and assignments. James Ouye. Finally. They marriage was going well until Petitioner Reymond became dependent on shabu. Ocampo). Teresita Eslao . Facts: Lourdes and Reymond have 3 children: Joseph. such that only when the parent present is shown to be unfit or unsuitable may the grandparents exercise substitute parental authority. being purely personal. To award him custody would help enhance the bond between parent and son. If the children will be with their mother. a Japanese-American and eventually the two got married and migrated to the States. the probability is that they will be afforded a bright future. such as temporary separation from their families. Ocampo submitted the results of his psychiatric evaluation on the parties and the children which showed: 1. Compared to the grandmother’s boarding house. The results of the psychiatric . what she gave to the latter was merely temporary custody and it did not constitute abandonment or renunciation of parental authority. Vincent and Michael . The petitioner’s husband is willing to adopt the petitioner’s children. For the right attached to parental authority. ESLAO V CA The act of Maria leaving Angelica with her mother in law is not that of abandonment but rather temporary custody which did not constitute renunciation of parental authority — the latter being a personal right and only renounced in certain cases Facts: Maria Paz and Reynaldo Eslao were married. Despite several confinements. Still and all. Petitioner's employment of trickery in spiriting away his boy from his in-laws. the law considers the natural love of a parent to outweigh that of the grandparents. custody pendente lite was given to Respondent mother Held: The trial court should have conducted a trial notwithstanding the agreement of the parties to submit the case for resolution on the basis. considering that in all controversies involving the custody of the minors. two children were begotten. RTC directed parties to undergo psychiatric and psychological examination. Petitioner filed this instant petition for habeas corpus praying for the custody of his children. the latter does not offer such a pleasing atmosphere. While Angelica stayed with Maria and Reynaldo. of the psychiatric report of Dr. Respondent and her 3 children abandoned petitioner and transferred to the house of her relatives. They had difficulty concentrating in school. financial and social well-being. the foremost criterion is the physical and moral well being of the child taking into account the respective resources and social and moral situation of the contending parties. Dr. They saw him under the influence of shabu. Michael had to quit school temporarily 3. Dr. petitioner is not estopped from questioning the absence of a trial considering that said psychiatric report was the court’s primary basis in awarding custody to respondent is insufficient to justify the decision. the records are inadequate as to his moral. Reymond would poke a gun in his head and ask the kids who they love more 4.

there is no need for a lengthy discussion of the alleged finality of the assailed decision. Joycelyn should be granted the custody of her child pendente lite. CA ordered the trial court judge to “consider. RTC Order granting Crisanto temporary custody after a judgment on a marriage annulment is not permanent. Moreover. In any event. As a general rule. the children’s paramount interest demand that further proceedings be conducted to determine the fitness of both petitioner and respondent to assume custody of their minor children. The so called tender-age presumption under Article 213 of the Family Code may be overcome only by compelling evidence of the mother’s unfitness. the requirement cited by Crisanto is inapplicable. to deprive Joycelyn of the custody of Rafaelo.evaluation showing that he is not yet “completely cured” may render him unfit to take custody of the children. Renato Santos. immorality. Crisanto filed a petition for certiorari. as well as moral and intellectual training and development. whom Joycelyn took away with her from the conjugal home and his school. Joycelyn and the child are presently staying with the former’s stepfather in Occidental Mindoro. Visitation rights were granted to Crisanto 4. the necessary consequence of granting her Motion would have been setting aside of the Order awarding Crisanto provisional custody of the child. 3. 213 of the Family Code Article 213 applies in this case as the parents are separated legally or otherwise. and resolve the motion to lift the award of custody pendente lite” without any motion of Joycelyn. Explicit in the Motion to Dismiss filed by Joycelyn before the RTC is her ancillary prayer for the court to lift and set aside its previous order granting Crisanto the custody of Rafaello. CA did not commit grave abuse of discretion. Given the mandatory character of Article 213 of the Family Code. the proceedings before the trial court leave much to be desired. That custody and support of common children may be ruled upon by the court while the action is pending is provided in Article 49 of the Family Code. In the instant case. and the statutory recognition of tender-age presumption. Joycelyn failed to appear despite notice therefore Crisanto presented evidence ex parte. The declaration of the nullity of marriage is the subject of the main case. he shall not be separated from his mother unless the Court finds compelling reasons to order otherwise. not the issuance of the earlier Order 2. In this connection. Findings of Renato Santos were corroborated by Cherry Batistel. in its questioned Resolution. 213 of the Family Code. Joycelyn took their child. A court of competent jurisdiction is vested with the authority to resolve even unassigned issues. 2. While a remand of this case would mean further delay. hear. education. commissioned by Crisanto to do a surveillance on Joycelyn. yet the court did not ascertain their choice as to which parent they want to live with. he has failed to see his child. the mother is to be preferred in awarding custody of children under the age of 7. Yes. The assailed order is an award or temporary custody. W/N CA erred in granting the custody to Crisanto in violation of Art. charging the RTC with grave abuse of discretion for issuing the Order granting Joycelyn the custody of their child. but there is no evidence to show that respondent is unfit to provide the children with adequate support. Rafaello is barely 4 years old and and pursuant to Art. the A clearly stated that it “could not find any cogent reason” to reconsider and set aside the assailed portion. must prove that such instance has had an adverse effect on the welfare of the child or has negatively affected the child Crisanto. lesbianism alone is not compelling reason. the Court shall provide for the support of the spouses and the custody and support of their common children” Clearly then. Facts: Crisanto filed a petition for the nullity of his marriage with Joycelyn with an ancillary prayer for custody pendente lite of their 4 year old son Rafaelo. Issues: W/N CA gravely abused its discretion by ordering the trial court to hear the motion to lift the award of custody pendente lite RTC awarded the custody to Crisanto on the grounds : 1. The grounds stated by Crisanto are not compelling reasons to deprive the mother of her child’s custody. Despite efforts exerted by him. CA ruled that grave abuse of discretion had been committed by the RTC: 1. Mother’s authority is subordinated to that of the father 2. GUALBERTO V GUALBERTO Crisanto raises the compelling reason. granting the custody to Crisanto must prevail because the trial court did not resolve the correct incident in the latter order. it is provisional and subject to change as circumstances may warrant. The only incident to resolve was Joycelyn’s Motion to Dismiss. The mother has been declared unsuitable to have custody of her children in one or more of the following instances:  Neglect  Abandonment  Unemployment  Immorality  Habitual Drunkeness  Drug Addiction  Maltreatment of the child  Insanity or  Affliction with a communicable disease . Case remanded! Custody given to Respondent while the case is pending. She testified that Joycelyn was always out of the house and saw one time slap Rafaelo. the children were 14 and 15 years old at the time of the promulgation of the decision. it may be reexamined and adjusted if and when the parent who was given custody becomes unfit. The previous Order. It can do so when such a step is indispensable or necessary to a just resolution of issues raised in a particular pleading or when the unassigned issues are inextricably linked or germane to those that have been pleaded. in which the issue of custody pendente lite is an incident. Joycelyn had no reason to take the child with her W/N the Denial of the Motion for Reconsideration is proper without explanation as to why the denial Joycelyn filed a motion to lift the award of custody lite of the child to No. testified that Joycelyn was having lesbian relations with a Noreen Cuidadano in Cebu City. “During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses. As such. the house helper of the spouses. Indeed. RTC awarded the custody to Joycelyn on the grounds: 1.

But it is not a basis for preventing the father to see his own child. nothing in the said provision disallows a father from seeing or visiting his child Facts: Respondent Loran Abanilla and Marie Antonette Salientes are the parents of Lorenzo Salientes. This is in accordance with AM 03-04-04-SC that within 15 days after the filing of the answer or the expiration of the period to file an answer. both parents are still entitled to the custody of their child. CA committed grave abuse of discretion when it granted joint custody of the minor child to both parents. Agnes filed a Motion for Reconsideration before the SC. he filed for a petition for habeas corpus. left his inlaws house. Because he was prevented to see his son. although the couple is separated de facto. RTC denied the peti tioners’ Motion for Reconsideration. Crisanto cites immorality due to alleged lesbian relations as the compelling reason to deprive Joycelyn of custody. trial court as well as the SC recognized the divorce decree and SC held that the spouses were no longer married. The same was dismissed. they all moved to Boracay. All told. Hence. no compelling reason has been adduced to wrench the child from the mother’s custody. Petitioners field a petition for certiorari with the CA. The so-called “tender-age presumption” under Article 213 of the Family Code may be overcome only by compelling evidence of the mother’s unfitness. 213 Facts: Franklin and Agnes are the parents of Simone. Further. Petitioners can raise it as a counter argument for private respondent’s petition for custody. He must also demonstrate that she carried on her purported relationship with a person of the same sex in the presence of their son or under circumstances not conducive to the child’s proper moral development. To deprive the wife of custody. However. In the absence of a judicial grant of custody to one parent. Issue: W/N CA erred when it dismissed the petition for certiorari against the trial court’s orders Held: No. But sexual preference or moral laxity alone does not prove parental neglect or incompetence. not a basis for preventing the father to see his own son. the remedy of habeas corpus is available to him. Loran. Article 213 of the Family Code deals with the judicial adjudication of custody and serves as a guideline for the proper award of custody by the court. Such a fact has not been shown here. in a summary proceeding. SC denied petitioner’s prayer for the issuance of a TRO. SALIENTES V ABANILLA Art. SC issued a TRO Issue: W/N CA erred in granting joint custody in favor of Agnes and Franklin Held: Custody of the child is granted to Agnes. The assailed order of the RTC did not grant custody of the minor to any of the parties but merely directed petitioners to produce the minor in court and explain why they are restraining his liberty or why private respondent is prevented from seeing his child. Not even the fact that a mother is a prostitute or has been unfaithful to her husband would render her unfit to have custody of her minor child.HIRSCH V CA separated de facto. The mother is declared unsuitable to have custody of her children in one or more of the following instances: (1) Neglect (2) Abandonment (3) Unemployment (4) Immorality (5) Habitual Drunkeness (6) Drug Addiction (7) Maltreatment of the child (8) Insanity or (9) affliction with a communicable disease Here. Custody should have been given to the mother. the husband must clearly establish that her moral lapses have had an adverse effect on the welfare of the child or have distracted the offending spouse from exercising the proper parental care. respondent Loran and petitioner Marie Antonette have joint parental authority over their son and consequently joint custody. Agnes took Simone and never came back to the divorce decree was automatically accepted as evidence by the trial court. The trial court was still about to conduct a full inquiry. (Espiritu vs. private respondent’s cause of action is the deprivation of his right to see his child as alleged in his petition. CA. Navarro) It is not enough for Crisanto to show merely that Joycelyn was a lesbian. CA granted Franklin joint custody with Agnes of their minor child. Boracay. However. the mother’s immoral conduct may constitute a compelling reason. They lived with Marie Antonette’s parents. Franklin insisted that they stay in Boracay. From Makati. the court shall issue an order requiring the respondent (herein petitioners) to present the minor before the court. custody granted to mother pursuant to Art. Agreement is void being contrary to law.Here. It has indeed been held that under certain circumstances. due to complications. Habeas corpus may be resorted to in cases where rightful custody is withheld from a person entitled thereto. Agnes wanted to stay in Makati. Franklin filed a petition for habeas corpus before the CA. Under 211 of the Family Code. DACASIN V DACASIN GAMBOA. Case remanded to trial court because Stephanie is now 14 years old Facts: Herald Dacasin (American citizen) and Sharon Del Mundo . There is no evidence that the son was exposed to the mother’s alleged sexual proclivities or that his proper moral and psychological development suffered as a result. RTC did not award the custody of the 2-year old child to any one but was simply the standard order issued for the production of restrained persons. 2000.the issue of custody has yet to be adjudicated by the court. the mother was not shown to be unsuitable or grossly incapable of caring for her minor child. They were married on December 23. Nothing in the said provision disallows a father from seeing or visiting his child under 7 years old. Agnes came before the SC on appeal. on the cause of the minor’s detention and the matter for his custody. Petitioners appealed to the SC. 213 of the Family Code is a guideline for the proper award of custody by the court. In the present case. He left Marie Antonette and Lorenzo because the former refused to leave. CA denied Agnes’s Motion for Reconsideration for lack of Merit. Unson III vs. RTC therefore issued an order to produce the body of the issue and for Marie Antonette and her parents to show cause why the said child should be discharged from restraint .

The sale occured beyond the 5-year prohibitory period . factual and equity considerations militate against the dismissal of petitioner’s suit and call for the remand of the case to settle the question of Stephanie’s custody. Ibay. Heirs of the Uy Spouses said that the sale took place beyond the 5-year prohibitory period from the issuance of the homestead patents. is contrary to law. Romillo. Separate opinion of J. of Article 213 of the Family Code) provides: “no child under 7 years of age shall be separated from the mother. respondent repudiated the agreement by asserting Sole custody over Stephanie. RTC dismissed the case for lack of jurisdiction: a. Why did they recognize the foreign divorce decree? In Van Dorn vs. voluntary custody arrangements are generally favored as it can only work for the best interest of the child. subject to the usual contractual limitations. Agreement is void for contravening Art. submit evidence on the custodial arrangement best serving Stephanie’s interest. The relevant Philippine law on child custody for spouses separated in fact or in law (under the 2nd par. Therefore. including its order awarding sole custody of Stephanie to Respondent b. petitioner and respondent were no longer married under the laws of US because of the divorce decree SC remanded the case back to the trial court: (1) because Stephanie is almost 15 years old. The Agreement would’ve been valid if the spouses did not divorce or separate. to agree on custody regimes they see fit to adopt. awarded the respondent sole custody of Stephanie and retained jurisdiction over the case for enforcement purposes. Enrique and children. Sharon sought a divorce decree against petitioner before the Illinois court. Petitioner’s suit seeks the enforcement not of the “various provisions” of the divorce decree but of the post-divorce agreement on joint child custody. thus the divorce decree is no bar to the RTC’s exercise of jurisdiction over the case) Issues: W/N the trial court has jurisdiction to take cognizance of petitioner’s suit and enforce the agreement on the joint custody of the parties’ child The RTC has jurisdiction to entertain Petitioner’s suit but not to enforce the agreement which is void. Stephanie was under 7 years old.” This statutory awarding of sole parental custody to the mother is mandatory. the Court ruled that an alien spouse of a Filipino is bound by a divorce decree abroad. The RTC cannot enforce an agreement which is contrary to law. Thus the action lies beyond the zone of the Illinois court’s called “retained jurisdiction. the children of Enrique filed a complaint for annulment of sale of the said properties because the sale was done within the prohibitive period. Upon separation of the spouse. He alleged that in violation of the agreement.000. Yes. At the time the parties executed the agreement: 1. This was reiterated in Pilapil vs. Thus.Somera. Furthermore. subject only to a narrow exception not alleged to obtain here. RTC annulled the Extrajudicial Settlement with Absolute Deed of Sale on the ff grounds: 1. In 1979. 2035. thus void ab initio. but since they are valid according to their national law. Petitioner Herald sued Respondent Sharon in the RTC of Makati to enforce the agreement. They chose Philippine courts as exclusive forum to adjudicate disputes arising from the agreement. divorce decree is binding upon the petitioner following the nationality rule c. What the Illinois Court retained was the “jurisdiction for the purpose of enforcing all and sundry the various provisions of its Judgment for Dissolution. An agreement contrary to law is void from the beginning. The imposed custodial regime under the 2 nd par. 2. being violative of 213 of Family Code which provides that the child be under the custody of the mother. Enrique executed an Extrajudicial Settlement of the Estate with Absolute Deed of Sale adjudicating among themselves (excluding however the children of Anunciacion of the 1st marriage: Eutropia and Victoria) and conveyed the properties to the Uy Spouses for Php 80. From the 8th year until the child’s emancipation. On the contrary. lasting only until the child’s 7th year. Petitioner Herald and Respondent Sharon executed in Manila a contract for the joint custody of Stephanie. Respondent exercised sole custody over Stephanie. the mother takes sole custody under the law if the child is below 7 years old and any agreement to the contrary is void. of Article 213 is limited in duration. grounded on sound policy consideration. Illinois Court’s retention of jurisdiction to enforce its divorce decree. irrespective of who obtained the divorce. a foreign divorce decree carries as much validity against the alien divorcee in this jurisdiction as it does in the jurisdiction of the alien’s Rights and Duties of parents to their unemancipated children. par. In 1996. foreign divorce decrees are not valid here as they are contrary to local law and public policy. Trial court has jurisdiction. Separated parents cannot contract away the provision in the Family Code on the maternal custody of children below 7 years old not they can privately agree that a mother where compelling reasons are found to be present to preclude the application of the exclusive maternal custody regime under the 2nd par. Abad: No legislative policy is violated if separated parents are allowed to voluntarily agree to a child custody arrangement other than sole maternal custody. However. (2) to allow the parties to take advantage of the court’s jurisdiction. Guardian/ administrator over the property of the unemancipated child NERI V HEIRS OF UY Facts: Anunciacion died intestate leaving homestead properties located in Samal Island to her 2 nd husband. therefore the same is binding upon an alien spouse even if it was obtained by the Filipino spouse.5 of the Civil Code prohibiting compromise agreements on jurisdiction RTC denied petitioner’s Motion for Reconsideration (Petitioner raised that the divorce decree obtained by Respondent is void. No. The latter dissolved the marriage. of Article 213 of the Family Code.” W/N trial court can enforce the agreement nationality. It is not the policy of the State to prohibit separated parents from compromising on child custody even if the child is of tender age. The complaint was later on amended to include Victoria and Eutropia as additional plaintiffs for having been excluded and deprived of their legitimes as children of Anunciacion. the law gives the separated parents freedom.Dacasin are the parents of Stephanie.

a student drowned and was dead on arrival in the hospital. in the execution of the Extrajudicial Settlement of the Estate with Absolute Deed of Sale in favor of spouses Uy.2. Enrique had only powers of administration and bereft of any authority to dispose of their 2/16 shares in the estate of their mother. the disputed sale entered into by Enrique in behalf of his minor children without the proper judicial authority. They were deemed to be holding the 3/16 shares of Eutropia. except when personal rights are involved. the settlement was not valid and binding upon them and consequently. an he may therefore alienate. Considering that Eutropia and Victoria were admittedly excluded and that then minors Rosa and Douglas were not properly represented therein. It held that the extrajudicial Settlement and subsequent sale valid and binding with respect to Enrique and his children. Records show however. does not have the power to dispose or encumber the property of the latter. The complaint filed by Eutropia. It was her responsibility to supervise her class in all activities sanctioned by the school. On the other hand. a father or mother. Alicia and Visminda. Although respondent’s negligence was not habitual. not binding on Eutropia. represented them. Alicia. However. On that day however. thus. But they are “constrained to review the factual findings of the Court of Appeals. they have the right to dispose of their respective shares. Art. that Rosa had ratified the extrajudicial settle of the estate with absolute deed of sale. Issues: W/N CA erred in upholding the validity of the extrajudicial settlement and the sale with respect to the shares of Eutropia and Victoria were concerned Since all the children of Anunciacion in both marriages are legitimate. But the effect of the alienation or the mortgage. Anunciacion.000 each or a total of Php 15. the same warranted her dismissal because death resulted therefrom NLRC dismissed the appeal of Tagiuam. She assumed that her mother knew as she was the one who dropped her off school with lunch and a swimsuit.” Tagiuam has been grossly negligent. Victoria and Douglas only the shares of Enrique. or any reduction in the substance of the patrimony of child. Absence of adequate facilities should have alerted respondent before allowing the pupils to use the swimming pool 3. who retained title to their respective 1/16 shares. while the settlement of the estate is null and void. Victoria and Douglas. attorney’s fees. the subsequent sale of the subject properties made by Enrique and his children. the principal authorized the activity and allowed the pupils to use the swimming pool.000 be returned to spouses Uy with legal interest. Petitioner school comes before the SC. They also filed a criminal complaint against Tagiuam for reckless imprudence resulting in homicide. CA erred reversing the NLRC resolution. exceeds the limits of administration. based on the laws prevailing at that time. SC not a trier of facts. by force of law. Tagiuam filed for illegal dismissed before the Labor Arbiter. Napoleon. Taguiam left the pupils without any adult supervision 2. Unfortunately. Victoria and Eutropia had no knowledge of the extrajudicial settlement and sale of the properties. Spouses Uy or their substituted heirs became pro indiviso co-owners of the homestead properties with Eutropia. Special Parental Authority SCHOOL OF THE HOLY SPIRIT QC V TAGUIAM Facts: Corazon Tagiuam is the Class Adviser of Grade 5. considered a trustee of an implied trust for the benefit of the person from whom the property comes. as the natural guardian of the minor under parental authority. and benefits. allowed Chiara Mae to swim without a parental consent. there is lack of evidence showing that Douglas had ratified the settlement and the sale. Respondent appealed before the CA. 493 of the Civil Code: “Each coowner shall have the full ownership of his part and of the fruits and benefits pertaining thereto. Labor Arbiter dismissed the complaint on the ff grounds: 1. their father. Consequently. Any act of disposition or alienation. when Taguiam went to investigate 2 students who left the swimming pool. As a teacher who stands in loco parentis to . Such power is granted by law only to a judicial guardian of the ward’s property and even then only with the courts’ prior approval secured in accordance with the proceedings set forth by the Rules of Court. Rosa and Douglas deemed to have ratified such sale because they failed to question it upon reaching the age of majority. Napoleon. with respect to the co-owners shall be limited to the portion which may be allotted to him in the division upon the termination of the co-ownership.” As such. The statement of Rosa in the Manifestation and the Joint Affidavit saying that the contract was voluntarily and freely made and that they were surprised that their names were included in the case since they did not have any intention to file a case against Hadji and Julpha Uy. unless ratified by them upon reaching the age of majority is unenforceable in accordance with Articles 1317 and 1403 (1) of the Civil Code. She was therefore dismissed by the school on the ground of gross negligence resulting to loss of trust and confidence. The parents of Chiara Mae filed a damage suit against the Petitioner School and Respondent Tagiuam. Thus. Respondent. Enrique. and even substitute another person in its enjoyment. it is only fair. in favor of the respondents is valid but only with respect to their proportionate shares therein. Hence. the person obtaining it is. However. Administration includes all acts for the preservation of the property and the receipt of fruits according to the natural purpose of the thing. Considering thus that the extrajudicial settlement with sale is invalid therefore. Article 1456 of the Civil Code states: “if property is acquired through mistake or fraud. Issue: W/N Tagiuam’s dismissal on the ground of gross negligence resulting to loss of trust and confidence was valid Held: Dismissal is valid and legal. Upon the request of the class president. holding that as co-owners. assign or mortgage it. all of them are entitled to equal shares as provided by law. a total nullity. all the heirs of Anunciacion should have participated.Esmeralda of School of the Holy Spirit. She should have coordinated with the school to make sure that there were adequate personnel present to make sure of the safety of the students. Void because Victoria and Eutropia were deprived of their hereditary rights 3. The latter granted that there was insufficient proof that respondent’s negligence was both gross and habitual. Victoria and Douglas under an implied constructive trust for the latter’s benefit. W/N CA erred in upholding the extrajudicial settlement of the estate and the sale with respect to the shares of Rosa and Douglas Rosa and Douglas who were minors at the time of the transaction. Visminda and Rosa in the homestead proper ties have effectively been disposed in favor of spouses Uy. separation pay. Enrique had no judicial authority to sell the shares of his minor children (Rosa and Douglas) CA reversed the RTC ruling. CA ordered School to pay backwages. just and equitable that the amount paid for their shares equivalent to Php5. they were not bound by it. Victoria and Douglas was well within the prescriptive period of 10 years.

It is hereby declared the policy of the State to provide every child who is neglected. – Article XV of the Constitution provides that the State shall defend the right of children to assistance. (d) Child with Special Needs refers to a child with developmental or physical disability. The State recognizes that in most cases. 603. neglect. as amended. Further to this end. respondent should have made sure that the children were protected from all harm while in her company. (k) Home Study Report refers to a written report prepared by a social worker containing the necessary information on a prospective parent or family member. (c) Child Case Study Report refers to a written report prepared by a social worker containing all the necessary information about a child. . cruelty. exploitation or discrimination because of a physical or mental disability or condition. 10165 In all cases. and the rights found under Article 20 of the United Nations Convention on the Rights of the Child shall be observed. including proper care and nutrition. cruelty. or with special needs with an alternative family that will provide love and care as well as opportunities for growth and development. (f) Foster Care refers to the provision of planned temporary substitute parental care to a child by a foster parent. SEC. (e) Family refers to the parents or brothers and sisters. whether of the full or half-blood. the child’s right to health shall be upheld and protected. (i) Foster Parent refers to a person.her pupils. a child will benefit more from foster care than institutional care. SC found support on the finding of the Assistant City Prosecutor who found probable cause to indict respondent for the crime of reckless imprudence resulting in homicide. surrendered. Towards this end. abuse. – For purposes of this Act. abandoned. duly licensed by the DSWD. of the child. Respondent should have known that leaving the pupils in the swimming pool area by themselves may result in an accident. Title. Dismally. Declaration of Policy. (l) Matching refers to the judicious pairing of a child with foster parent and family members based on the capacity and commitment of the . abused. exploitation or other conditions prejudicial to their development. 2. (b) Child refers to a person below eighteen (18) years of age.Tagiuam should have foreseen the danger lurking in the waters by leaving her students in the swimming pool. 3. Definition of Terms. It shall ensure that the foster family shall provide a wholesome atmosphere to the foster child. (h) Foster Family Care License refers to the document issued by the DSWD authorizing the foster parent to provide foster care. the following terms are defined: ARTICLE I GENERAL PROVISIONS (a) Agency refers to any child-caring or child-placing institution licensed and accredited by the Department of Social Welfare and Development (DSWD) to implement the foster care program. especially when respondent knew that Chiara Mae cannot swim. the State shall systematize and enhance the foster care program in the country. respondent displayed an “inexcusable lack of foresight and precaution”. – This Act shall be known as the “Foster Care Act of 2012”. This is a clear violation not only of the trust and confidence reposed on her by the parents of the pupils but of the school itself. dependent. otherwise known as “The Child and Youth Welfare Code”. The State shall guarantee that all the lights of the child enumerated under Article 3 of Presidential Decree No. A simple reminder “not to go to the deepest part of the pool” was insufficient to cast away all the serious dangers that the situation presented to the children. under sociocultural difficulties. REPUBLIC ACT NO. respondent created an unsafe situation which exposed the lives of all the students concerned to real danger. (g) Foster Child refers to a child placed under foster care. The State shall also protect the rights of the biological child of the foster family and ensure that in no case shall the child be disadvantaged as a result of the placement of a foster child. SECTION 1. and special protection from all forms of neglect. to provide foster care. AN ACT TO STRENGTHEN AND PROPAGATE FOSTER CARE AND TO PROVIDE FUNDS THEREFOR SEC. or one who is over eighteen (18) but is unable to fully take care of or protect oneself from abuse. (j) Foster Placement Authority (FPA) refers to the document issued by the DSWD authorizing the placement of a particular child with the foster parent. the State recognizes that foster care is an important step towards the child’s return and reintegration to his biological parents or placement with an adoptive family.

(e) Must be of good moral character. Provided. (n) Placement refers to the physical transfer of the child with the foster parent. a street child. (g) Must have sufficient resources to be able to provide for the family’s needs. Limitations on Parental Authority of Foster Parents. (e) A child awaiting adoptive placement and who would have to be prepared for family life. or any other form of abuse or exploitation. That in determining who is the best suited foster parent. (i) Must not already have the maximum number of children under his foster care at the time of application or award. or who is in custody supervision or whose case is dismissed. . That an alien possessing the above qualifications and who has resided in the Philippines for at least twelve (12) continuous months and maintains such residence until the termination of placement by the DSWD or expiration of the foster family license. Recruitment and Development of Foster Parents. so long as they meet the above qualifications: Provided. 8. – The social worker shall make a detailed Home Study Report of an applicant’s background and circumstances. (j) A child who is in need of special protection as assessed by a social worker. duties and liabilities of persons exercising substitute parental authority. 4. (f). the child must have no family willing and capable of caring and providing for him. 7. (o) Relatives refer to the relatives of a child. (f) A child who needs long-term care and close family ties but who cannot be placed for domestic adoption. capacity and commitment in parenting and is able to provide a familial atmosphere for the child. but not limited to. (d) A child whose family members are temporarily or permanently unable or unwilling to provide the child with adequate care. and (j). surrendered. Who May Be Placed Under Foster Care. and Provided. within the fourth degree of consanguinity or affinity. 5. further. ARTICLE IV PROCEDURE SEC. – An applicant who meets all of the following qualifications may be a foster parent: (a) Must be of legal age. (i) A child who committed a minor offense but is released on recognizance. SEC. carried out in a series of planned visits and interviews. the relatives of the child shall be given priority. dependent or orphaned. (h) Must be willing to further hone or be trained on knowledge. may qualify as a foster parent. other than family members. Submission of Home Study Report. neglected. in order to determine if the applicant meets the basic requirements for foster care and is suitable to become a foster parent. a child in armed conflict or a victim of child labor or trafficking. – To recruit applications for foster care. – The following may be placed in foster care: (a) A child who is abandoned. and (g) A child whose adoption has been disrupted. (c) A child with special needs. (b) Must be at least sixteen (16) years older than the child unless the foster parent is a relative. (p) Social Worker refers to the registered and licensed social worker of the DSWD. insofar as it prohibits the infliction of corporal punishment upon the child. an agency or the DSWD. as may be provided in the implementing rules and regulations (IRR) of this Act. (h). as may be provided under the Family Code over the children under their foster care. ARTICLE III PARENTAL AUTHORITY OF FOSTER PARENTS SEC. local government unit (LGU) or agency. 9. ARTICLE II ELIGIBILITY (h) A child who is under socially difficult circumstances such as. SEC. SEC. – Foster parents shall have the rights. attitudes and skills in caring for a child. the DSWD shall reach out to various communities and LGUs and work preferably with the Local Council for the Protection of Children (LCPC). (d) Must have a healthy and harmonious relationship with each family member living with him or her. That in the case of (b).foster parent to meet the individual needs of the particular child and the capacity of the child to benefit from the placement. (b) A child who is a victim of sexual. (m) Parent refers to the biological or adoptive parent or legal guardian of a child. (c) Must have a genuine interest. (i). SEC. 6. – Foster parents shall only have the rights of a person with special parental authority to discipline the foster children as defined under Section 233 of the Family Code. (f) Must be physically and mentally capable and emotionally mature. Who May Be a Foster Parent. Parental Authority of a Foster Parent. physical. (c).

taking into consideration the best interests of the child. as the case may be. – Matching shall be done by the agency only after the child case study and the home study have been conducted. the foster child. . 14. Role of Local Government Units (LGUs). (e) Expiration of the FPA. 10. taking into consideration the best interest of the child. shall make provisions for the education and basic needs of the foster child. shall be governed by Domestic Adoption Act of 1998 or Inter-Country Adoption Act of 1995. SEC. such as. – Termination of placement shall be done by the DSWD. 18. Placement. within the said period: Provided. and (c) The procedures for adoption. ARTICLE VII LOCAL GOVERNMENT UNITS SEC. abandonment. the foster child shall enjoy the rights of a child under Article 3 of the Child and Youth Welfare Code. The child case study report shall establish the needs of the child for consideration in the selection of the foster parent. subject to the following conditions: (a) The child’s return to his biological parents or placement in an adoptive family is not imminent. 8043. Likewise. with the assistance of a registered social worker. – LGUs shall promote the foster care system in their respective territorial jurisdictions. ARTICLE V LONG-TERM FOSTER PLACEMENT SEC. such case shall be reported immediately to the agency. capacities and potentials for development of applicants. or if he runs away or gets lost. – If a child has been under the care of a foster parent for a period of at least seven (7) years. 11. who unilaterally terminates the LTFPA before the foster child reaches the age of majority or finishes tertiary education. That in the case of (f). Supervision of Foster Placement. 15. – Supervised foster placement begins as soon as the foster parent receives the child into his care. Conditions. a foster parent. – Taking into consideration the stability and best interest of the foster child. in turn. otherwise known as the InterCountry Adoption Act of 1995. SEC. as the case may be. That there shall be no mandatory rights of succession in favor of the foster child. save for exceptions to be determined by the DSWD. 12. 16. Long-Term Foster Placement Authority. the Home Study Report shall establish said foster parent’s capacity and resources to provide a safe. (d) Death of both foster parents. shall have the option to apply for termination of placement. otherwise known as the Domestic Adoption Act of 1998 or Republic Act No. the social worker shall conduct regular home visits to monitor the child’s adjustment in the foster home and shall submit progress reports to the DSWD. but not limited to. – A foster parent may adopt his foster child subject to the following conditions: (a) The foster parent must have all the qualifications as provided for by Republic Act No. During the foster placement. SEC. (c) Death of the child. The license is renewable every three (3) years unless earlier revoked by the DSWD. secure and losing home to the child. violence or other forms of abuse. in accordance with the standards in which the child has been raised or has become accustomed to. (b) The trial custody. In case of incident. Matching. may be waived: Provided. laws: Provided. shall immediately report the same to the DSWD. – The physical transfer of the child to the foster parent shall be allowed only after the FPA has been issued. and under other ARTICLE VI ADOPTION OF A FOSTER CHILD SEC. if ten (10) years of age or over. SEC. on the following grounds: (a) Return of the child to biological parents. Issuance of License. That a harmonious relationship exists between the child and his foster parent and family members. sexual assault. LTFPA grants the foster parent custody over the foster child without the requirement of the eventuality of adoption of the latter by the former. upon recommendation of the agency. During this period. which. maltreatment. as required in adoption. SEC. Provided. Termination of Placement. the said foster parent may apply for Long-Term Foster Placement Authority (LTFPA). That the faster parent has the means to support the foster child in keeping with the financial capacity of the family. – The DSWD shall issue a Foster Family Care License based on the Home Study Report submitted by the agency to determine the motivations. injury or death of a foster child. and (f) In all cases where placement becomes prejudicial to the welfare of the child. duly assisted by a social worker. Long-Term Foster Care Commitment. (b) The foster parent continues to possess the qualifications required under tins Act and a valid foster family care license for the entire duration of the foster care. the DSWD shall reassess and reevaluate the foster home situation every three (3) years. 13. to determine whether it is in the best interest of the child to continue living in the foster home on a long-term basis. and (d) Aside from the regular monitoring visits. 8552. (b) Placement for adoption of the child. save for exceptions to be determined by the DSWD. 17. gives written consent for long-term stay with the foster parent.SEC. for purposes of this Act. (c) The child.

shall be entitled to a monthly subsidy from the DSWD. otherwise known as “An Act Providing For Stronger Deterrence and Special Protection Against Child Abuse. as implemented by Revenue Regulation (RR) No. a fine of not less than Fifty thousand pesos (PhP 50.000. abuse. (b) Exemption from Donor’s Tax. subject to existing government auditing rules and regulations. (b) Additional Exemption for Dependents. 25. SEC. other than the foster parent or any agency. 19. further. shall be penalized in accordance with Republic Act No. municipality or barangay. – Donors of an agency shall be entitled to the following: (c) Any person. and revocation of license to operate. Penalties. – For purposes of claiming the Twenty-five thousand pesos (PhP 25. However. 24. 26. (b) Health Insurance. respite care. 22. (b) An agency which violates Sections 11. – (a) Any foster parent. SEC. If the foster parent is not a PhilHealth member. 12. skills training and livelihood assistance. a fine of not less than Twenty-five thousand pesos (PhP 25.00) but not more than One hundred thousand pesos (PhP 100.000. Incentives to Donors. 13-98. – In accordance with the Local Government Code.000. (a) Allowable Deductions.00). which shall have the following functions: . ARTICLE VIII ASSISTANCE AND INCENTIVES for foster parents for each dependent not exceeding four (4) as provided for by Republic Act No. Funding. or both. That support may be waived if the foster parent is capable of supporting the foster child. Assistance to a Foster Child.000. the definition of the term “dependent” under Section 35(B) of the National Internal Revenue Code (NIRC) of 1997 shall be amended to include “foster child”: Provided.00) but not exceeding One hundred thousand pesos (PhP 100. he must seek enrollment with PhilHealth. cruelty. the social service units of LGUs and agencies shall provide support care services to include. – The DSWD. – (a) Foster Child Subsidy. violating any provision of this Act and its IRR shall be penalized with imprisonment of one (1) month to six (6) years. depending on the gravity of the offense or a fine of not less than Ten thousand pesos (Php 10. and (2) For any subsequent violation. and (a) Exemption from Income Tax. 23.That not more than thirty percent (30%) of the amount of donations shall be spent for administrative expenses. and other applicable laws. but not limited to. no other parent or foster parent can claim the said child as a dependent for that period.00). found to be committing any act of neglect. – A foster child. As such. entitled to health insurance benefits.000. – Donors shall be exempted from donor’s tax under Section 101 of the NIRC of 1997: Provided. and For Other Purposes”. the national government shall provide financial support. – Agencies can also apply for qualification as a donee institution.000. – The Regional Child Welfare Specialist Group of the DSWD shall serve as the Foster Care Committee. 9504. Incentives to Agencies. – Donors shall be granted allowable deductions from its gross income to the extent of the amount donated to agencies in accordance with Section 34(H) of the NIRC of 1997. through the agency. SEC. – The DSWD. at the discretion of the court.000. and (d) If the offender is a public official. 7610. SEC. – (a) Support Care Services. Providing For Its Violation. natural or juridical.00) but not exceeding Fifty thousand pesos (PhP 50. fourth (4th) and fifth (5th) class municipalities. counseling. LGUs and agencies shall provide assistance to the foster parents to ensure enrollment. only one (1) foster parent can treat the foster child as a dependent for a particular taxable year. is hereby mandated to develop and provide programs to ensure the awareness and responsiveness of local government officials in the promotion and development of the foster care system in every city. Assistance and Incentives to Foster Parent.SEC. That all other conditions provided for under the aforesaid section of the NIRC of 1997 must be complied with: Provided. in coordination with the Department of the Interior and Local Government (DILG). For purposes of this section. 20. or exploitation and other similar acts prejudicial to the child’s development. – A foster child shall automatically be a PhilHealth beneficiary of the foster parent and as such. SEC 21. LGUs shall primarily be responsible for social welfare services which include foster care programs. the court may impose the additional penalty of disqualification from office in addition to the penalties provided in the preceding paragraph. Foster Care Committee. That this additional exemption shall be allowed only if the period of foster care is at least a continuous period of one (1) taxable year. priority given to third (3 rd). Exploitation and Discrimination. 13 or any other provision of this Act and its IRR shall suffer the following penalties: SEC. training on child care and development. – Agencies shall be exempt from income tax on the income derived by it as such organization pursuant to Section 30 of the NIRC of 1997.00) additional exemption ARTICLE IX PENALTIES SEC. visits. – Agencies shall be entitled to the following tax incentives: (1) For the first violation. The subsidy is primarily aimed at supporting the expenses of the child to lessen the financial burden on the foster parent: Provided. ARTICLE X FINAL PROVISIONS (b) Qualification as a Donee Institution.00). Seminars and Trainings.

the DILG and other concerned government agencies. 228. (4) Upon final judgment of a competent court divesting the party concerned of parental authority. 209. SEC. in consultation with agencies are hereby mandated to prepare and draft the IRR to operationalize the provisions of this Act within (3) months from its effectivity. regulation contrary to or inconsistent with the provisions of this Act is hereby repealed. rule and Art. or the welfare of the child so demands. SEC. otherwise known as the Family Code of the Philippines and other applicable laws. – The provisions of Executive Order No. presidential decree. programs and activities relative to the implementation of this Act. or (3) Upon emancipation of the child. The grounds enumerated above are deemed to include cases which have resulted from culpable negligence of the parent or the person exercising parental authority. SEC.00) shall be allocated for the first year of its operation. If the degree of seriousness so warrants. Suppletory Clause. . 28. PARENTAL AUTHORITY IS REVIVED 1. 230. and recommend changes in policies concerning foster care and other matters related to the child’s welfare. – The DSWD. (c) Monitor the implementation. the Department of Justice (DOJ). the court shall deprive the guilty party of parental authority or adopt such other measures as may be proper under the circumstances. – This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation or in the Official Gazette. Grant of pardon or amnesty which must be ABSOLUTE Art. If the adoption is judicially rescinded and the child has not yet reached the age of majority 2. PARENTAL AUTHORITY IS AUTOMATICALLY REINSTATED upon: a. – The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter. The parental authority may be restored or returned to the parents or persons originally exercising it. issuance. Repealing Clause. modified or amended accordingly. (2) Upon appointment of a general guardian. review. 31. Art. SEC. Appropriation. executive order. (2) Upon the death of the child. the other provisions not affected hereby shall remain valid and subsisting. the Bureau of Internal Revenue (BIR). 29. 27. 32. – If any provision of this Act is held invalid or unconstitutional. Service of penalty b. The court in an action filed for the purpose in a related case may also suspend parental authority if the parent or the person exercising the same: (1) Treats the child with excessive harshness or cruelty. administrative order. Unless subsequently revived by a final judgment.000. letter of instruction. the foster parents and the child. SEC. (3) Upon judicial declaration of abandonment of the child in a case filed for the purpose. or (4) Subjects the child or allows him to be subjected to acts of lasciviousness. not termination of parental authority. (3) Compels the child to beg. as lead agency. counsel or example. Effectivity. Art. Separability Clause. – Any law. 30. 5. shall have suppletory application to this Act. (b) Make recommendations to resolve any dispute between and among the agency. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender. Suspension or Termination of Parental Authority (e) Perform such other functions and duties as may be prescribed by the DSWD. An initial amount of Twenty-five million pesos (PhP 25. SEC. The grounds enumerated in the article are not permanent. Parental authority is suspended upon conviction of the parent or the person exercising the same of a crime which carries with it the penalty of civil interdiction. the Department of Health (DOH). Implementing Rules and Regulations. parental authority also terminates: (1) Upon adoption of the child. 3. 4.000. the Council on Welfare of Children (CWC). Parental authority terminates permanently: (1) Upon the death of the parents. The suspension or deprivation may be revoked and the parental authority revived in a case filed for the purpose or in the same proceeding if the court finds that the cause therefor has ceased and will not be repeated. the parents. and Chapter 5. or (5) Upon judicial declaration of absence or incapacity of the person exercising parental authority. In case of termination of guardianship over the child In case of judicial restoration of parental authority to the abandoning parent upon the latter’s return In case of judicial restoration of parental authority to the person divested of it In case of judicial restoration of parental authority to the absent parent who has returned This article speaks of AUTOMATIC SUSPENSION. (2) Gives the child corrupting orders.(a) Review and deliberate issues affecting the placement of a particular child. 229. (d) Submit to the Secretary of the DSWD and to Congress an annual report of the policies. unlike in Art 228. Such sum shall be intended to support the foster care programs of the DSWD and agencies. 231.

rape. Art. such person shall be permanently deprived by the court of such authority. Nothing in this Code shall be construed to derogate from the duty or responsibility of parents and guardians for children and wards below twenty one years of age mentioned in the second and third paragraphs of Art. 2180 of the Civil Code. Emancipation for any cause shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life. majority commences at the age of eighteen years. they have the authority to impose discipline on the child. Thus. The court shall deprive the guilty party of parental authority if the degree of the aforementioned circumstances are grave or serious or when the welfare of the child demands such deprivation. in the discretion of the court.These enumerated circumstance are ACTIVE ACTS. there being fault or negligence. Such fault or negligence. Emancipation is nothing more than freedom from parental authority both over the person and property of the child emancipated. 233. they are deemed to include cases which have resulted when the passive acts of the parents such as tolerating the commission of these acts by third persons. (Repealed by RA 6809) Art 2176 Whoever by act or omission causes damage to another. EXCEPTIONS TO THE RULE THAT EMANCIPATED CHILDREN ARE QUALIFIED AND RESPONSIBLE FOR ALL ACTS OF CIVIL LIFE  Consent in marriage  Marriage settlements  Marriage counseling  Responsibilities under Art 4 and Art 160 of PD 603 Contracting marriage shall require parental consent until the age of twenty-one. Art 236 applies only to EMANCIPATED children who are between 18 to below 21 years. The article provided no room for revival of the lost parental authority unlike in Art 229-231. 235. TITLE X EMANCIPATION AND AGE OF MAJORITY responsible for the damages caused by the minor children who live in their company. Until modified by the Supreme Court. The deprivation is meant to be permanent. The person exercising substitute parental authority shall have the same authority as as the parents. Emancipation makes the child not only qualified but also responsible for all acts of civil life. Lives with parents or person substituting parental authority 3. Art. It is the parents who commit them. Art 2180 The obligation imposed by Article 2176 is demandable not only for one’s own acts or omissions. However. and to commit the child for not more than 30 days in an institution engaged in child care or in children’s homes. seek judicial orders to discipline the child. Emancipation takes place by the attainment of majority. Scope of Application Art. the procedural rules . 238. 234. teacher of individual engaged in child care exercising special parental authority inflict corporal punishment upon the child. The person exercising substitute parental authority shall have the same authority over the person of the child as the parents. 236. In no case shall the school administrator. Liable for a quasi-delict Parents or guardians are solidarily liable for the damages arising from quasi-delicts unless they can prove that they have observed all the diligence of a good father of a family to prevent the damage. the mother. 237 (Repealed by RA 6809) Art. If the person exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse. Art. Corporal punishment shall in no case be inflicted upon the child. but also for those of persons for whom one is responsible. Examples of sexual abuse: prostitution. are TITLE XI SUMMARY JUDICIAL PROCEEDING IN THE FAMILY LAW Chapter 1. seduction. acts of lasciviousness Art. Exceptions:  Contracting marriage  Marriage settlements Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company. is obliged to pay for the damage done. if there is no preexisting contractual relation between the parties is called a quasi-delict and is governed by the provisions of this chapter. Offender must be: 1. in case of his death or incapacity. REQUISITES. 232. The father and. 18 to below 21 yrs old 2. Art. save the exceptions established by existing laws in special cases. Exploitation of minors below 16 years which is a crime under Art 278 of the RPC is also a ground for the deprivation of parental authority temporarily or perpetually. Unless otherwise provided.

If the petition is not resolved at the initial conference. if one exists. the RTC shall hear and adjudicate the said summary cases. shall describe in detail the said transaction and state the reason why the required consent thereto cannot be secured. if none. excess or lack of jurisdiction committed by the court  Annulment of decision based on lack of jurisdiction or extrinsic fraud Art. If. Available actions are:  Special civil action for certiorari on grounds of graveabuse of discretion. The judgment of the court shall be immediately final and executory. the parties may be assisted by counsel at the succeeding conferences and hearings. if the court deems it useful. The preliminary conference should be conducted personally by the judge in the nature of an inquisitorial hearing 7. said petition shall be decided in a summary hearing on the basis of affidavits. Art. The judgment of the Court shall be immediately final and executory Jurisdiction over all summary proceedings under the Family Code are now vested in the Family Courts designated by the Supreme Court. upon proof of notice to the other spouse. Notice of the filing of the petition should always be sent to the respondent at his or her last known address 3. Upon the filing of the petition. and shall require such appearance. In areas where there are no Family Courts. whose consent to the transaction is required. ordering said spouse to show cause why the petition should not be granted. In case of non-appearance of the spouse whose consent is sought. Petitions filed under Articles 223. Art. Separation in Fact Between Husband and Wife Art. the court shall inquire into the reasons for his failure to appear. The case shall be decided in the most expeditious manner and without regard to technical rules 9. 225 and 235 of this Code involving parental authority shall be verified. No periods are set. Art. The right to appeal is not a natural right nor is it part of due process. 247. Incidents Involving Parental Authority Art. A preliminary conference shall be conducted by the judge personally without the parties being assisted by counsel. Art. GUIDELINES IN SUMMARY PROCEEDINGS 1. a verified petition may be filed in court alleging the foregoing facts. 248. Art. Judgment is IMMEDIATE. This article covers:  Petitions for authorization to administer  Petitions to encumber the separate property of the abandoning spouse  Petitions to use the fruits or proceeds thereof for the support of the family  Petitions to satisfy the shares of the present spouse Same rules for the procedure applies. embodying the transaction. which should be very short 4. if any. The petition for judicial authority to administer or encumber specific separate property of the abandoning spouse and to use the fruits or proceeds thereof for the support of the family shall also be governed by these rules. the attendance of the non-consenting spouse is not secured. documentary evidence or oral testimonies at the sound discretion of the court. except costs of the proceedings. the judge shall endeavor to protect the interests of the non-appearing spouse. 241. oral testimonies of witnesses will be required only when needed and at the discretion of the court 8. 239. or in the regional trial court or its equivalent sitting in the place where either of the spouses resides. In any case. the final deed duly executed by the parties shall be submitted to and approved by the court. may be litigated only in a separate action. APPEAL IS NOT ALLOWED. Art. 245. Jurisdiction over the petition shall. AND EXECUTORY. directing the parties to present said witnesses. for it is merely a statutory privilege. the court may proceed ex parte and render judgment as the facts and circumstances may warrant. The proceeding can be decided on the basis of affidavits or other documentary evidence.provided for in this Title shall apply in all cases provided for in this Code requiring summary judicial proceedings. despite all efforts. After the initial conference. Such cases shall be decided in an expeditious manner without regard to technical rules. on or before the date set in said notice for the initial conference. The petition shall attach the proposed deed. 240. There is a preliminary conference wherein lawyers are excluded 5. Chapter 2. 244. Claims for damages by either spouse. When a husband and wife are separated in fact. The notice shall be accompanied by a copy of the petition and shall be served at the last known address of the spouse concerned. the court shall specify the witnesses to be heard and the subject-matter of their testimonies. and it is up to the judge to determine the period within which the respondent should answer the petition and the hearing thereof. . or one has abandoned the other and one of them seeks judicial authorization for a transaction where the consent of the other spouse is required by law but such consent is withheld or cannot be obtained. Art. Chapter 3. 246. Claims for damages cannot be litigated in the same summary proceedings because claims will entail delay. FINAL. of said petition. 249. and. If testimony is needed. 243. Art. be exercised by the proper court authorized to hear family cases. 242. The petition shall be verified 2. the court shall notify the other spouse. The appearance of the trial fiscal of the court is not required 6. In any case. if possible.

Rule 1 of the rules of Court: special proceeding is a remedy by which a party seeks to establish a status. the prior spouses had been absent for four consecutive years and the spouse present had a well-founded belief that the absent spouses was already dead. Other Matters Subject to Summary Proceedings Art. contains the following provision. 73. an ordinary civil action is where a party sues another for the enforcement or protection of a right. 124 and 127. 96. 41. entities or institutions exercising parental authority over the child. The OSG filed a petition for certiorari before the CA stating that the declaration of presumptive death of a person under Art. paragraph 2 of the Family Code. Rule 41. For the purpose of contracting the subsequent marriage under the preceding paragraph. Modes of appeal. (a) Ordinary appeal. Such petitions shall be verified and filed in the proper court of the place where the child resides. inter alia: Art. 250. Rule 41 of the 1997 Rules of Civil Procedure. 41. REPUBLIC V CA Facts: Trial judge granted a petition filed by Apolinaria Jomoc for the declaration of presumptive death of her husband. A marriage contracted by any person during the subsistence of a previous marriage shall be null and void. Section 3(c). Since Title XI of the Family Code. 238. Art. upon which the trial court anchored its grant of the petition for the declaration of presumptive death of the absent spouse. The motion for Reconsideration of the OSG was denied. insofar as they are applicable. provides: Art. 253. 251. Chapter 4. following abovequoted Art. The OSG filed a notice of appeal. without prejudice to the effect of a reappearance of the absent spouse. The rules in Chapter 2 hereof shall also govern summary proceedings under this Chapter insofar as they are applicable. absentee spouse Clemente Jomoc based on Article 41of the Family Code. Art. A pleading is verified only by an affidavit stating that the person verifying has read the pleading and that the allegations thereof are true and correct of his own knowledge and belief. . Ergo. a right or a particular fact. the court shall notify the parents or. Upon the filing of the petition. In such cases. 252. Section 2 of the Revised Rules of Court. 51. OSG brings the case before the SC Issue: W/N a declaration of presumptive death is of a nature of a special proceeding Ruling: Article 41 of the Family Code. the procedural rules in this Title shall apply in all cases provided for in this Codes requiring summary court proceedings. the petition for that purpose is a summary proceeding. Such cases shall . there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code. an absence of only two years shall be sufficient.The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its original jurisdiction shall be taken by filing a notice of appeal with the court which rendered the judgment or final order appealed from and serving a copy thereof upon the adverse party.Art 223 Petition with the proper court for the issuance of an order for disciplinary measures against an erring child Art 225 Petition to set aside or modify the father’s decision in case of disagreement on the parents’ joint exercise of legal separation over the property of their common unemancipated child Art 235 Petition for approval of the agreement between an orphaned minor at least 18 years of age and the person exercising parental authority over him under Art 235 FC is no longer availing with the repeal of said article. invoked by the trial court in disapproving petitioners Notice of Appeal. Art. Petition for declaration of presumptive death of a person is in the nature of a special proceeding 2. the individuals. No record on appeal shall be required except in special proceedings and other cases of multiple or separate appeals where the law or these Rules so require. On the other hand. provides: Sec. the record on appeal shall be filed and served in like manner. 69. entitled SUMMARY JUDICIAL PROCEEDING IN THE FAMILY LAW. 41 is a special proceeding. in their absence or incapacity. 41 is not a special proceeding or a case of multiple or separate appeals requiring a record on appeal. Unless modified by the Supreme Court. The foregoing rules in Chapters 2 and 3 hereof shall likewise govern summary proceedings filed under Articles 41. The Trial court disapproved on the ground that no record of appeal was filed and served “as required by and pursuant to Section 2(a). The CA denied the motion on the ff grounds: 1. unless before the celebration of the subsequent marriage. 2. it is gathered that the petition of Apolinaria Jomoc to have her absent spouse declared presumptively dead had for its purpose her desire to contract a valid subsequent marriage. the spouses present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee. on Modes of Appeal. Thus. In case of disappearance where By the trial courts citation of Article 41 of the Family Code. Art. the present case being a special proceeding.

The RTC equally erred in giving due course to said appeal and ordering the transmittal of the records of the case to the appellate court. for the rules of procedure are not to be applied in a technical sense. The foregoing rules in Chapters 2 and 3 hereof shall likewise govern summary proceedings filed under Articles 41. 247 of the Family Code. In 1991 she left him and returned to her parents together with her three children. To be sure. Ferventino filed a verified petition for the declaration of presumptive death of Maria within the contemplation of Article 41 of the Family Code. It being a summary ordinary proceeding. VII. provides as follows: Art. insofar as they are applicable. Such cases shall be decided in an expeditious manner without regard to technical rules. V. The Court of Appeals. Ferventino alleged that Maria kept in touch for a year before she stopped responding to his letters. REPUBLIC V TANGO Facts: Ferventino and Maria were married. even if petitioner used the correct mode of appeal at this level. Until modified by the Supreme Court. 386. 2001. When the case was called for initial hearing. In plain text. She went abroad to work for her support her children. From the decision of the Court of Appeals. the decision of the trial court had long become final. 69. Issue: W/N the RTC erred in giving due course to said appeal and ordering the transmittal of the records of the case to the appellate court Held: Article 238 of the Family Code. He claims to have forgotten her address since. IX. There is no doubt that the petition of Apolinaria Jomoc required. This is because the errors which the court may commit in the exercise of jurisdiction are merely errors of judgment which are the proper subject of an appeal. even if the Court’s original jurisdiction to issue a writ of certiorari is concurrent with the RTCs and the Court of Appeals in certain cases. executive orders. that an aggrieved party may file a petition for certiorari to question abuse of discretion amounting to lack of jurisdiction. REPLUBIC V LORINO Facts: Gloria Bermudez and Francisco Lorino were married in June 1987. what the appellate court should have done was to direct petitioner to comply with the rule. Article 253 of the Family Code specifies the cases covered by the rules in chapters two and three of the same title. VI. as amended. In turn. not a special proceeding under the Revised Rules of Court appeal for which calls for the filing of a Record on Appeal. the filing of a Notice of Appeal from the trial courts order sufficed. proclamations rules and regulations. 253. 40. she had no communication with him or his relatives. was immediately final and executory. 124 and 217. Before us. The appellate court observed that neither the OSG nor the Assistant Provincial Prosecutor objected to the evidence which Ferventino presented on trial. such concurrence does not sanction an unrestricted freedom of choice of court forum. Such petition should be filed in the Court of Appeals in accordance with the Doctrine of Hierarchy of Courts.be decided in an expeditious manner without regard to technical rules. nobody entered any opposition. 18. Art. 29. 254. Ferventino presented evidence ex parte and testified in court about the details of his search. The next 14 years went by without any news of Maria. Ferventino recounts the efforts he made to find Maria. and is. In November 7. therefore. Given the issue raised before it by petitioner. 30. By express provision of law. 603. RTC granted the petition. decrees. It states: ART. establishes the rules that govern summary court proceedings in the Family Code: ART. or parts thereof. But. affirmed the RTC’s Order. inconsistent therewith are hereby repealed. It held that Maria’s absence for 14 years without information about her location despite diligent search by Ferventino was sufficient to support a well-founded belief of her death. Maria told Ferventino that she and her family will soon be leaving for the US. by express provision of law. The two had only spent a night together and had been intimate once. On the belief that his wife had died. 51. 31. the hands of the Court are tied. In 2000. however. The judgment of the court shall be immediately final and executory. It goes without saying. Petitioner committed a serious procedural lapse when it filed a notice of appeal in the Court of Appeals instead of a petition for certiorari. 27. 19. he burned all the letters Maria wrote him. Out of resentment. under Title XI: SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW. otherwise known as the Child and Youth Welfare Code. That the Family Code provision on repeal. and Articles 17. 73. The OSG filed a Notice of Appeal. Without a doubt. 254. Although the judgment was final and executors under the provisions of Act. the OSG for the Republic of the Philippines filed a notice of appeal. treating the case as an ordinary appealed case under Rule 41 of the Rules of Court. otherwise known as the Civil Code of the Philippines. seals the case in petitioners favor. IV. as amended. XI and XV of Book I of Republic Act No. the losing party may then file a petition for review on certiorari under Rule 45 of the Rules of Court with the Supreme Court. Gloria filed a verified petition with the RTC under the rules on Summary Judicial Proceedings in the Family Law. 238. 96. 28. . Titles III. petitioner filed a petition for review on certiorari under Rule 45 of the Rules of Court. Article 47 of the FC provides: ART 247. VIII. The lower court issued an order for the publication of the petition in a newspaper of general circulation. and all laws. The wife was unaware that her husband was a habitual drinker with violent attitude and character and had the propensity to go out with his friends to the point of being unable to work. From the time she left him. 41 and 42 of Presidential Decree No. the procedural rules in this Title shall apply in all cases provided for in this Code requiring summary court proceedings. As a matter of course. 39. the judgment of the court in a summary proceeding shall be immediately final and executory. it follows that no appeal can be had of the trial court’s judgment in a summary proceeding for the declaration of presumptive death of an absent spouse under Article 41 of the Family Code. By no means did the Court of Appeals acquire jurisdiction to review the judgment of the RTC which. a summary proceeding under the Family Code. Petitioners failure to attach to his petition before the appellate court a copy of the trial courts order denying its motion for reconsideration of the disapproval of its Notice of Appeal is not necessarily fatal. the RTC granted the summary petition. nine years after leaving her husband.

and for the RTC to give due course thereto. 19. Art. Signed into law: July 6. Office of the President. executive orders. Manila Chronicle Effective: August 3. Since. under Title XI: SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW. all the other provisions not affected thereby shall remain valid. are immediately final and executory. 28. The Court of Appeals acquired no jurisdiction over the case. as amended. precisely because judgments rendered thereunder. XI. and XV of Book 1 of Republic Act No. 1987 By: President Corazon C. 40. VI. supra. 254. and Articles 17. for it is merely a statutory privilege. rules and regulations. 256. Aquino Published: August 4. Comelec. The president was still then authorized to continue exercising legislative powers. Such cases shall be decided in an expeditious manner without regard to technical rules. otherwise known as the Civil Code of the Philippines. This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws. therefore. This Code shall take effect one year after the completion of its publication in a newspaper of general circulation. Gloria Bermudez-Lorino. 31. 1987. The problem came about when the judge gave due course to the Republics appeal upon the filing of a Notice of Appeal. In Summary Judicial Proceedings under the Family Code. and had the entire records of the case elevated to the Court of Appeals. and all laws. It was erroneous for the OSG to file a notice of appeal. VIII. on the part of the RTC to give due course to the Republics appeal and order the transmittal of the entire records of the case to the Court of Appeals. is immediately final and executory. 29. the right to appeal is not a natural right nor is it a part of due process. V. Until modified by the Supreme Court. inconsistent herewith are hereby repealed. 2001 was immediately final and executory. 18. there is no reglementary period within which to perfect an appeal. . Art. 1988 The Family Code was signed before the first Congress of the Philippines under the 1987 Constitution had convened. as certified by the Executive Secretary.Issue: W/N the factual and legal bases for a judicial declaration of presumptive death under Art 41 of the Family Code were duly established Held: The Court rules against petitioner Republic. proclamations. TITLE XII FINAL PROVISIONS Art. the right to appeal was not granted to any of the parties therein. 39. 41. 30. Article 238 of the Family Code. the procedural rules in this Title shall apply in all cases provided for in this Code requiring summary court proceedings. as amended. by express provision of law. all judgments rendered in summary judicial proceedings in Family Law are immediately final and executory. IX. 386. by express mandate of Article 247 of the Family Code. and should have dismissed the appeal on ground of lack of jurisdiction. otherwise known as the Child and Youth Welfare Code. 603. and 42 of Presidential Decree No. to wit: Art. Publication shall likewise be made in the Official Gazette. 255. Titles III. An appellate court acquires no jurisdiction to review a judgment which. IV. Family Code. and reiterated the fact that the RTC decision of November 7. Art. sets the tenor for cases covered by these rules. by express provision of Section 247. decrees. It was erroneous. 27. 257. If any provision of this Code is held invalid. The RTC judge duly complied with the above-cited provision by expeditiously rendering judgment within ninety (90) days after the formal offer of evidence by therein petitioner. 238. or parts thereof. As we have said in Veloria vs.