ADRIAN I.

BERNARDO
abernardo@me.com
MEMORANDUM
Re:

Kim Rosa v Butch Cruz

Date:

October 15, 2015

This Memorandum discusses the rights of an illegitimate child, liabilities of the

biological father, and the consequences of cohabitation between a concubine and her
paramour.

I.

Facts

Kim Rosa is 7 months pregnant with the child of Butch Cruz. Kim and Butch were
in a relationship and cohabitated until three months ago when Butch abandoned Kim.
Kim found out after they had seperated that Butch was married while they were living
together. Kim was wondering if she can demand Butch to support the child she is

bearing and return certain items which he previously borrowed from her
apartment: an electric fan, a mini refrigerator, and a pair of slippers which
belonged to Kims brother. Alternatively, she wants to know if she can demand
payment of the value of these items. As for the support, she would like to ask for
P7,000.00 per month, starting this month, plus half of the expenses for childbirth.
She also wants Butch to pay his agreed equal share in the rent of her apartment
for the last three months before he left. According to your client, this share
amounts to P21,000.00. She also mentions that Butch has been bugging her to
return the pearl earrings, worth P12,000.00, which he gave on their first
anniversary together. As she likes the earrings very much, she would like to keep
them as much as possible.1
Moreover, while they were living together, Butch and Kim bought a car
worth P900,000.00. While the car was registered in Butchs name, they did not
have any particular agreement in the payment and ownership of the car; they
equally paid for the down payment but shared in the monthly amortizations
depending on how much money they could spare. The car has been fully paid
and is in Kims possession.2

1 Cajucom, Legal Research Mid-Term Exam (Block 1-F, 2015-2016).

2 Id.

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II.

MEMORANDUM

Issues

(a) Whether or not Kim Rosa can ask for child support from the father of
her unborn child who is Butch Cruz.
(b) Whether or not Kim Rosa can ask back or demand compensation for
personal properties that was burrowed from her such as her electric
fan, mini refrigerator, and a pair of slippers that belonged to her brother
from Butch Cruz.
(c) Whether or not Kim Rosa is entitled for support from Butch Cruz.
(d) Whether or not Kim Rosa can demand compensation for expenses of
childbirth.

(e) Whether or not Kim Rosa can demand the paramours share in the
rental payment of their former place of cohabitation.
(f) Whether or not Kim Rosa can keep the donated personal property
such as the pearl earrings from her paramour.
(g) Whether or not Kim Rosa can keep the car that she bought together
with her paramour.

III.

Conclusion

Butch Cruz must pay for child support of his and Kim Rosas conceived child.
And also must pay for his share in the medical care of such child from the moment of
conception where the rights on the unborn child commences. Butch Cruz must return the
burrowed items: electric fan, mini refrigerator, and a pair of slippers that belonged to Kim
Rosas brother, or compensate Kim Rosa for the same in its monetary equivalents.
Butch Cruz must pay for the 3 months rental worth Twenty-One Thousand Pesos (P
21,000).
Kim Rosas argument to receive support for herself from Butch Cruz is without
merit. Kim Rosa may keep the pearl earrings until an action from Butch Cruzs wife to
recover the same commences. Kim Rosa must compensate Butch Cruz on his actual
contributions to the payment of the car after which the ownership of the car shall be
transferred to Kim Rosa.

IV.

Discussion

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MEMORANDUM

In the matter of rights of an illegitimate

unborn child.

The conceived child is considered born for all purposes that are favorable
to it. It means that the conceived child has all the rights that a born child has.
Such rights that a conceived child may claim is Mandatory Support. 4 Support is
the most sacred and important of all obligations imposed by law and it is imposed
by overwhelming reality.5 Support can be claimed by an illegitimate child. 6
Support as defined in article 194 of the family code: comprises everything
indispensable for sustenance, dwelling, clothing, and medical attendance
however this may be dependent on the financial capacity of the giver.7
3

In the matter of personal property.

The following items: electric fan, mini refrigerator, and a pair of slippers
are considered personal properties.8 And as this properties were not used during
the cohabitation of Kim Rosa and Butch Cruz as evidenced by the fact that they
were burrowed by Butch Cruz from the apartment of Kim Rosas, these are
considered personal property of Kim Rosa. And under such facts, Kim Rosa may
institute an Action to Recover Personal Property.9

In the matter of whether a concubine can

demand support from her paramour.

A concubine cannot ask for support from her former paramour. A concubine is not
listed among those who are entitled for mandatory support. 10 Kim Rosa which as
a person not listed among those in article 195 of the Family Code cannot compel

3 An Act to Ordain and Institute the Civil Code of the Philippines [CIVIL CODE], Act No. 386, art.
40 (1950).

4 The Family Code of the Philippines [FAMILY CODE], E.O. No. 209, art. 195
(1988).
5 Sumulong v Cembrano, 51 Phil. 719, March 15, 1928.
6 FAMILY CODE, art. 195, 4.
7 FAMILY CODE, art. 194.
8 CIVIL CODE, art. 416.
9 1997 RULES OF CIVIL PROCEDURE, rule 60.
10 FAMILY CODE, art. 195.

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MEMORANDUM

her former paramour for support. However, she can ask for support of their
unborn child.11

In the matter of medical expenses incurred

from childbirth for an illegitimate child.

The conceived child, even though illegitimate, may claim for mandatory
support from the father.12 Expenses from childbirth can be claimed as part of
support being of medical necessity of the conceived child. 13

In the matter of obligations incurred during

cohabitation.

The property relations that govern between the concubine and her paramour is
that of Co-ownership.14 During their cohabitation properties acquired by the
parties through their actual-joint contributions shall belong to the co-ownership.
Wages and salaries by each are exclusive. Then too, are the contributions in the
form of care of the home.15 Being part of her paramours exclusive contribution
for the maintenance of their place of cohabitation, he is liable for those from the
time he cohabitated to the termination of the cohabitation.
In the matter of custody of donated
personal property to a concubine.

The action to recover donated properties to a concubine vest on the

aggrieved spouse.16 Donations made between those guilty of concubinage are
considered void.17 However, Butch Cruz is the one demanding back the donated
pearl earrings. He cannot compel Kim Rosa to surrender the same. In order for
Butch Cruz to recover back the donation he must prove that the donated earrings
11 Id.
12 Id.
13 FAMILY CODE, art. 194.
14 FAMILY CODE, art. 148.
15 Carino v Carino, G.R. No. 13259, February 2, 2001.
16 CIVIL CODE, art. 739.
17 Id.

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MEMORANDUM

were worth more than five thousand pesos and that no written document of
donation was made for the donation to be made void ab initio. 18 In the absence
thereof, Kim Rosa may freely continue to possess the earrings until an action by
Butch Cruzs wife to recover commence.19

In the matter of ownership of property

during cohabitation.

Co-ownership governs the regime under relations between persons in

a state of concubine.20 Properties acquired by the parties through their actual
joint contribution shall belong to the co-ownership. 21 Even though it is only
registered under Butch Cruzs name, the car being bought under the coownership regime and therefore governed by the same. Kim Rosa is entitled
for her share of the property which is the car based on her actual contribution.
Upon the termination of the co-ownership, Butch Cruz is entitled for his share
based on his actual joint contribution in the acquisition of the automobile.

V.

Recommended Action

Action for Child Support which would include expenses to be incurred during
child birth can be initiated by Kim Rosa to take care of the well being of their child. Action
to Recover Personal Property can also be initiated by Kim Rosa to recover properties
burrowed by Butch Cruz. Action to demand compensation can also be initiated by Kim
Rosa to cover Butch Cruzs share in the rental payment during their cohabitation.

18 CIVIL CODE, art. 748

19 CIVIL CODE, art. 739.
20 CIVIL CODE, art. 148.
21 Carino v Carino, G.R. No. 132529, February 2, 2001.