VI- THE FAMILY (3)1.

Both of them autho or ratified within 300 days after termination of the
2. in an instrument written by them and former marriage.
Legend: signed TN. The actual separation of spouses and not the final
3. Recorded in the civil registries together judgment should be the starting point for counting
-marriage -building with the birth cert of child.o 300 days because the litigation for annulment may last
H and W- husband and wife F.C. -Family Code -Impotency not a requirement. long after spouses shall have actually separated.
Legit- legitimate
Illegit-illegitimate Who are deemed illegitimate: Grounds in impugning the legitimacy of the child
Fam-family -Conceived and born outside of a valid marriage unless
provided under the F.C. 1. Phsical impossibility of the H to have
A. Concept: Family as institution. sexual intercourse with his W within the
-Foundation of the nation, basic social institution. Legit vs. Illegit: 1st 120 days immediately preceeding the
Governed by Law and no customs, public policy shall childs birth due to:
given effect that would destroy it. Legit Illegit a. Physical Incapacity of H
Includes: b. H and W live separ
Art. 150-family rel includes: 1. See (2) 1. Conceived c. Serious Illness of H
1. Bet Husband and Wife 2. Conceived or and born ouside of 2. Biological or scientific proof that child
2. Parents and children born b4 judgment of valid M or inside a could not have been of the husband
3. Ascendants and Descedants annulment of absolute void ab initio 3. Wrtten auth 4 art. insemination of either
4. Bro and Sis whether half or full blod. nullity of Psycho. Inca. marriages and parent obtained through, fraud, violence,
(Sorry 4 d shortcut). 3. Born in marriage declared intimidation.
subsequent void void for being contrary
Art. 151- No suits shall prosper bet family (1)unless it marriage due to failure to
In a bar question the biological father in an art.
to comply with Art 52 2. Conceived
appears in verified complaint or petition that earnest Insemination was the one given sperm coz they did
and 53. and born after the
effort towards compromise has been made but same not execute a written authorization and signed the
4. Concieved or decree of annulment
has been failed. Dismissed if (1) not followed. born on mothers who of a voidable marrige document before the birth of child.
might have declare
Exception to above: (1) against its legitimacy or How could the other established paternity? By
1. Involve a stranger sentence as adulteress following the process see (3).
2. Comprises is invalid: Civil Status of Art. 167
persons, validity of marriage or L.S., 5. Legally When action to impugn legitimacy be brough?
jurisdiction of courts, ground for L.S., Adopted 1. Within 1 year (4)from knowledge of birth or
future support and future legitime. 6. Legitimated: recording in the civil registries, if the hiers,
Conceived and born husband reside in the city or municipality
outside of wedlock who where birth took place or recorded.
B. THE FAMILY HOME no legal impediment at
2. Within 2 years see(4) where H or in default
time of conception and
Heirs reside in the Phil but do not reside in
subsequently married.
-Family Home- constituted jointly by husband and there.
wife, or unmarried head of the family, it is the 3. 3 years-if they reside abroad.
dwelling house where they and their fam resides and TN. Cannot collaterally attacked only directly.
Right to bear surname Mothers surname
the land where its situated.
Joint authority of parents Mother only GR only the Husband can impugned legitimacy except:
- When? Constituted from the time it is occupied as 1. Heirs of Husband if the H die before
fam residence. Support preference given No preferrence expiration of period to file.
to Mother if Father 2. H die after filing complaint and did not
-beneficiaries of fam home: insufficient. desist
1. H and W, or unmarried person who is the head of 3. Child born after husband death.
the fam.; Entitled to inheritance ½ of legit inhertiance
2. their parents, ascend, descent, bro and sis, whether B. PROOF OF FILIATION
half or full blood, living in the family home and who -SSS and GSIS Primary -No primary beneficiary
depends upon the head of the family for legal support; benefeciary -None Filiation of legit children established by:
3. inlaws, provided jointly constituted by h and w. -Father entitiled to 7 day 1. Record of birth -appearing in a civil
paternity leave
registrar or a final judgment;
-exemption that family home shall exempt from 2. Admission of legitimate (or illegitimate)
execution: (tax-de-mor- ) Presumption on the legitimacy of child born after the filiation in a public document or private
1. Non-payment of taxes mother contracted a subsequent M: handwritten inst. signed by parent
2. debts- incurred prior to the constitution of family concerned;
home -1. If marriage terminated Absence of such:
3. debts -secured by mortgages on or b4 constitution 2. Mother contracted another marriage 1. Open and continuous possession of the
4. debts- for building of family home ex. Builders, 3. Within 300 days after such termination of former status of a legit or illegit;
architects and mechanics. marriage, these rules govern: 2. Other means allowed by:
a. Act or declaration concerning
a. Child born b4 180 days after the pedigree;
Art. 161-Costitution of fam Home: solemnization of subsequent M-conceived b. Family reputation or tradition
xxx Continues despite the death of one or both concerning pedigree(descent,
during former M, provided it be born
spouses or unmarried head of the family for 10 years , succession of degrees);
within the 300 days after termination of
or as long the minor leaves therein and such continues former M. c. Judicial Admission;
till he reached majority of age. Xxx d. Admission of a party
See others. Former M Subsequent M e. Admission by silence
-Oral evidence may be admitted in d absence of
TN. only 1 family a person could constitute. document.
*(the 300 days that child shall be born dapat and the
period of Former M to Subseq M
VII-PATERNITY AND FILIATION Who-action to claim Legitimacy:
1. Child- during his lifetime;
A. LEGITIMATE CHILDREN 2. Heirs of the child within a period of 5
a. (born b4 180 days) b. ( born after 180 days)
-Who?(2) 1. Children conceived or born during years:
-conceived during Former M -conceived during Subsequent M
marriage of the parents; provided that * a. Child dies during the minority
2. Children conceived as a result of Artificial Subsequent Marriage b. “ “ in a state of insanity
Insemination of the wife: c. “ “ after action has been
a. Sperm of H b. Child born after 180 days ff celebration of instituted
b. Donor subsequent M is considered to have been
c. both, provided conceived during such M, even born
Rights of a legitimate child
1. Bear surnames -of the F and M
2. Receive support from parents, their
ascendants and their bro and sis
3. Entitled to other Legitimate and
successional rights granted by Civil Code
4. Receive support from their ascend and
descent of same line
5. Inherent Ab intestado(an heir) from
legitimate parents and ascend
C. ILLEGITIMATE CHILDREN
RIGHTS:
1. Use the surname and shall be under the
parental authority of their mother;
2. Entitled to support
3. Entitled to the legitime which shall consist
of ½ of the legitime of a legitimate child;
4. Receive support only upto
grandparents and grandchildren.
Can use the surname of father by:
1. Their filiation-expresssly recognized by
the father through record of birth
appearing in civil registry;
2. Admission in a public document or private
handwritten inst. Made by d Father,
provided that the father has the right to
institute an action b4 regular courts to
prove non-filiation during his lifetime.
-Illegitimate filiation is established in same way with
and evidence as legitimate children and same period,
except if based on 2nd par of Article 172, in which d
action may be brought during the lifetime of the allege
parent.
-The father cannot compel nor d mother to use their
surname to their children. It’s the right given to the
child.
D. LEGITIMATED CHILDREN
only children conceived and born outside of
wedlock
who at the time of conception of former were
not disqualified by any impediment to marry each
other
-not include under disqualification of below 18
years old, they did not to go under the process of
adopting their own offspring.
When shall legitimation takes place?
-subsequent valid M between parents
-Annulment of voidable M shall not affect the
legitimation.
-Retroact to the time of the childs birth.
Rights include the same rights as legitimate children.
-Who may impugn the legitimation of a child and
within what period shall commence:
-only those who are prejudice in their rights
-within 5 years from the time their cause of action
accrues (arise).
In a case: C was born out of a wedlock by A and B may
be legitimated because he is a natural child while D
who is born while A and X were married cannot be
legitimated. His status is illegitimate that cannot be
legitimated.
VIII. ADOPTION
A. DOMESTIC ADOPTION ACT (RA 8552)
B. INTER COUNTRY ADOPTION ACT OF 1995
(RA 8043)
RA 8552 RA 8043
Who can adopt?
1.Filipino Citizen : (6) 1. Any Alien;or right. Provided Living in the Phil for atleast 3 years
a.Of legal age 2. Filipino citizen, both continuously prior application for adoption and
b.Can support and care for permanently residing maintain residence until the adoption decree.
his/her children abroad.
c.Good Moral Char Conditions:
d. Possession of full civil 1.Atleast 27 y/o and 16 y/o
capacity than the adoptee, at the
or legal rights; time of application unless Rights of an Adopted Child
e. at least 16 y/o older than adopter is:
the adoptee, except: a.parent by nature of the -Effects of adoption: (RA 8552)
i.Adopter is the biological child to be adopted;or
1. Severance of ties bet biological parent and adoptee,
parents of the adoptee b.spouse of such parent
ii. Adopter is the spouse of
now vested in the adopter, except be biological parent
the adoptees parent(asawa 2. If married his/her spouse is the spouse of the adopter;
niya) must jointly file for the 2. Legitimate child of the adopter
f.not convicted of any crime adoption; 3.In Legal or intestate succession, the adoptee and
involving moral turpitude adopter shall have reciprocal rights without
g.emotionally and 3. Capacity to act and assume distinction from legitimate filiation. However, f ders a
psychological capable all rights and
will rule of testamentary succ will followed
responsibilities of parental
2.Alien authority under his/her natl
Same as Filipino laws, and has undergone -Family Code:
the qualifications:, provided: the appropriate conselling 1. Adopted shall be deemed to b a legitimate child of
a.Same Diplomatic relations from an accredited d adopter and acquire reciprocal rights and obligation
with the Phil; counsellor in his/her arising from relationship of parents and child,
b. Living in the Phil for atleast country;
including the rights to bear surnames;
3 years continuously prior
application for adoption and 4.Has not convicted of moral
2. Parental authority-shall be terminated (original
maintain residence until the parents), except that adopter is the spouse of the
turpide
adoption decree is entered; parent by nature of the adopted, parental authority
except: 5.Eligible to adopt under his shall be vested jointly.
i.A former Fil citizen seeks to natl law 3. However, adopted shall remain the intestate heirs
th
adopt relative within the 4 and other blood relatives.
degree consanguinity or 6.Proper care and support
affinity; and give necessary moral
ii.one who seeks to adopt the Rules in (5)legal and intestate succession to the estate
values and example to all
legitimate son/daughter of his children
of the deceased:
his/her Fil spouse;or 1.Legit and illegit children and descent and surviving
iii.married to a Fil citizen and 6.uphold the rights of the spouse of the adopter shall inherit from the adopted
seeks to adopt jointly with child under the UN under rules (5).
his/her spouse a relative Convention on the Rights of
2. Parents, (legit or illegit) or legit ascendants of
within the 4th degree of a child and abide the rules
consaguiity and affinity of Fil adopted concur with adopter, they shall divide the
of inter country adoption;
spouse. entire estate ½ each of them.
7.has same diplomatic 3. Same rules applies-if the spouse/illegit children of
c.Cert to have legal capacity relation with the Phil and the adopted concur with adopter.
to adopt by his/her that adoption is allowed
diplomatic consular office but under their nationality ;
certification may be waived n
1. Adopter Inherit from (Marian)
d same instancefor waiver of 8.possesses all the -( and who’s Legit or illegit children/descend of
residency requirement in (b); qualifications and non of adopter/surviving spouse of the Adopter)
and the disqualifications of
d. Certified by said office that intercountry adoption.
his govt allows the adoptee to
enter his country as his Adopted (Joy)
adopted child.
3.Guardian
2. Adopted shall inherit from (Joy)
a.After termination of -(and who’s Legit or illegit Parents of adopted or legitimate
guardianship with ward; ascendants of the adopted concur with the adopter).
b. Clearance of his/her
financial accountability
his/her countries
Who can be adopted?
Adoter- ½ each of them
1.Any person below 18y/o 1.Only legally-free child
4. When adopters concur with the illegitimate children
voluntarily committed to -child has been voluntarily
DSWD or judicially declared or involuntary committed
and the surviving spouse of the adopted-they shall
available for adoption; to the DSWD of the Phil, in divide the entire estate in equal shares, 1/3 illegit
2. Legitimate child of other accordance with child children, 1/3 surviving spouse, 1/3 surviving spouse of
spouse; youth and welfare code. the adopters
3. Illegit child of qualified -It must be shown that the 5. Adopters inherit full if he/she only survives;
adopter to improve the chids child cannot be adopted 6.When only collateral blood relatives of the adopted
status locally.
survives, then (5) shall apply.
4. Person of legal age, prior to -NO physical transfer 6
adoption has been months from execution of
consistently considered by Deed of Voluntary Rescission of Adoption (Sex-At-Rep-Ab)
adopter as his/her own child Commitment;Except Grounds are: Adoptee may
since minority; 1.Adoption by the relative; 1. Attempt on the life of the adoptee;
5.Previously rescinded 2. Children with medical 2. Sexual assault or violence;
adoption condition.
3. Abandonment and failure to comply with the
6. Child whose biological
parents or adoptive parents
parental obligations and
died provided that a lapse of 4. Repeated physical or verbal maltreatment by the
6 months should be given b4 adopter despite having undergone counseling.
adoption.
TN. Adopters cannot rescind the adoption but he may
disinherit the adopted under Art 919.
1.Attempt on the life
Pops, a former fil and her American Husband can 2. Accusation of imprisonmet of more than 6years and
jointly adopt one of her minor brother coz she and her more
husband are both qualified to adopt. The SC qualifies 3.Convivtion of adultery and concubinage with the
that H and W are required to adopt jointly, each one spouse of the adopter
of them must be qualified to adopt on his/her own
4.Refusal to support
5.Maltreatment
6.leads a dishonourable and disgraceful life
7. civil interdiction
Effects of Rescission of the Adoption:
1.Original parental authority/biological parents
restored or legal custody of DSWD if adoptee is still a
minor
2.Reciprocal rights bet adopter and adoptee
extinguished
3. Amended Certi of birth cancelled and its original
restored;
4. Succession reverts prior adoption but vested rights
respected.
IX. SUPPORT (Sup)
-Comprises: (Art 194)
Everything indispensable for sustenance,
dwelling, clothing, medical, education and
transportation even beyond age of majority in keeping
with the financial capacity of the fam. (MEDS-CT)
-Who are obliges to support each other?
1. The spouses
2. Legitimate ascen and descent
3. Parents to their *legit children and the
legit/illegit children of such children.
4. Same no.3 but the child is *illegit.
5. Legitimate Bro and Sis, whether half and
full
6. Bro and sis not legitimately related,
whether half and full blood, are likewise
bound to support each, except when the
need for support of the bro and sis, being
of age, is due to a cause imputable to the
claimant’s fault or negligence
-Properties answerable for support:
1. The spouses-prop of ACP and CPG. In absence, the
property of each spouse is answerable for the support
of each other.
2. Legitimate children from legitimate parents-same
above No.1
3. Legit parents from legit children-their properties.
4. Descendants, whether legit/illegit, from the
legitmate parents of their parents-(grandparents)
separate property of the grandparents
5. Illegit children from the parents-separate prop of
the parents
6. Bro and Sis-property of the obligor.
TN. In case the prop advance the ACP and CPG due
from the separate the property of a spouse the
amount advance shall be deducted from the share of
the spouse oblidge upon the liquidation of the ACP
and CPG.
Whenever 2 or more person are obliged to give
support, to whom shall liability devolve?
The ff order:
1. The Spouses
2. Descendants of the nearest degree
3. Ascendants of the nearest degree
4. The Brother and Sister
Payment above is made equally divided between
them. But in case of urgent needs only one may order
by the court without prejudice to claim against the
other.
C.SUPPORT DURING MARRIAGE LITIGATION
GR the spouses ceases to support each other after
final judgment annulling the marriage. But, in case of
L.S., the guilty spouse may support the innocent
spouse upon the court order.
D.AMOUNT
Art. 201-proportion to the resources or means of the
giver and necessities of recipient.
The amount in judgment and contractual support
subject to modification when necessary.
E.WHEN DEMANDABLE-to give support
From d time d person needs it to maintenance
but shall be paid only from the date of judicial or extra
judicial demand.
F.OPTIONS
To give by the person oblidge-
1. Paying the allowance fixed;
2. Receiving and maintaining in the family
dwelling the person who has the right to
receive support.
TN. #2. Not availed in case of moral and legal obstacle.
G.ATTACHMENT-the right to support
It depends. GR. The right to support in not subject to
Attachment.
1. The right to receive support as well as
money or prop obtained shall not be
levied upon on attachment or execution;
2. In case of contractual support or that
given by will, the excess in amount beyond
that required for legal support shall be
subject to the attachment or execution.
X. PARENTAL AUTHORITY
A.GENERAL PROVISIONS
The scope of parental authority:
Pursuant to natural right of parents of their
unemancipated child the ff:
1.The caring and raring of civic consciousness and
efficiency
2. The dev’t of moral, mental and physical char and
well being.
GR the parental authority cannot be renounced or
transferred except in cases provided for by the law.
Eslao Case: The entrusting of the parents to godfather
and friend of a child does not constitute abandonment
of P.A. Except only in Adoption, Guadianship and
surrending to orphanage.
The P.A, is jointly exercise by both parents. In case of
disagreement d decision of the F prevails
To apply to illegitimate the ff must concur
1. The F is certain
2. The illegitimate chidren are living with the
said father and mother who are cohabiting
without the benefit of M and void M
falling under Art 36 and 53.(Psychological
Inca. And not compliance with the
requirements.
-The obligation of children is to observe and respect
and reverence toward the parents and obey them as
long as they are under the parental auth.
FF effect of:
1. Absence of spouse either spouse-the
present one (6)continue to exercise PA
2. Death of either-the present spouse (6)
3. Remarriage of surviving parent-not affect
parental auth unless the court designae
other.
4. L.S-those designated by the court. The
court considering the age of child below 7
y/o. No child under y/o shall be separated
by their mother unless the court finds
compelling reasons.
5. Both died, absence, unsuitability,-the
grandparent.
Concept of Filial Privilege
-concept that no descendants shall be compelled to
testify against his parents and grandparents except if
indispensable in a crime against them.
C.SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY
In case of default of parents or judicially
appointed guardian.
The ff exercise P.A.: In order of preference same with
appointment of judicial guardian over d property.
1. Surviving grandparents
2. Oldest bro and Sister over 21 y/o unless unfit or
disqualified.
3. Actual custodian over 21y/o unless unfit.
When shall special PA be exercise?
1. In case of foundling, abuse, neglected or
abandoned children, under summary
proceeding to heads of children home,
orphanage and similar institution duly
accredited by proper govt agency;
2. (7)The school, its administrator or
individual entity engage in child care over
minor child inside or outside of school
premises of school, entity or institution.
Case where acts or omission of minors causes the ff:
Liable: Under (7) shall be principally and solidarily
liable for damages of such minors.
Liable:Under the parents, judicial guardian of persons
exercising substitute parental authority shall be
subsidiarily liable.
Defense: exercise due diligence required under
particular exercise.
Cases not covered shall be govern by quasi-delict.
C.EFFECTS OF PARENTAL AUTHORITY UPON THE
PERSONS OF THE CHILDREN/ward
1. Keep them in their company
2. Give them love and affection
3. Provide moral and spiritual guidance
4. To furnished them good and wholesome
education materials;
5. Represent them in all matters affecting
their interest
6. Demand respect and obedience
7. To impose disciple
8. Other function provided by law/
Court conditions in the appointment of the guardian
of child’s property or a guardian ad litem?The best
interest of the child should be taken into
consideration.
Measures taken in to discipline the child?
1. Parents petition the court for the
disciplinary measures of the child where it
reside
Note: Include the commitment of child in
the children’s home duly accredited and
shall not interfere with except the
support. The court may terminate the
commitment whenever just and proper.
2. Summary Hearing and the child shall be
entitled to the assistance of the counsel in
his choice or appointed by court.
3. The courts discretion if deprivation or
suspension of the parental authority.
D. EFFECT OF PARENTAL AUTHORITY UPON THE
PROPERTY OF THE CHILDREN
1. The F and M shall jointly exercise legal
guardianship over the property of the
unemancipated common child without
court appointment. The F prevail in case of
disagreement.
2. Market value of property or annual
income exceeds 50K the parents
concerned shall be required to furnished a
bond determine by court but not less than
10% of the value of property to guarantee
obligation prescribed for general
guardians
3. Property of unemancipated child shall
earned or acquired with his own industry
 or work shall be devoted exclusively to the
latter’s support.
Note: The rights of the parents over fruits and income
shall be devoted primarily to the latters support or
education and secondary to the collective needs of the
family.
The ordinary rules on guardianship shall be merely
suppletory except: (Which will not be suppletory)
1. When the child is under substitute
parental authority
2. The guardian is a stranger
3. A parent has remarried
Rule in case the parents entrust the mngt or
administration of their properties to their
unemancipated child:
1. The net proceed of such prop shall belong
to the owner
2. The child shall be given reasonably
monthly allowance, if the administrator is
a stranger, unless grant the entire
proceeds
3. The proceeds shall be charge to child
legitimes
E. SUSPENSION OR TERMINATION OF PARENTAL
AUTHORITY
1. Civil Interdiction penalty carries with it. Exception,
reinstated upon service and pardon or amnesty of the
offender.
2. Excessive or harsh treatment of the child
3. Corrupt orders
4. Compelled to beg
5. Subject the child to acts of lasciviousness
6. Culpable negligence
Termination of PA
Either Permanent or temporary: (+-+-emance)
1. Upon the death of the parents
2. Upon the death of the child
3. Upon emancipation of the child
Note: A child is emancipated upon reaching the age of
majority which is 18 y/o
Unless subsequently revived by a final judgment,
parental authority terminates also by:
1. Adoption
2. Appointment of General Guardian
3. Judicial declaration of abandonment of the
child
4. Final Judgment of Court divesting parental
authority
5. Upon judicial declaration of absence or
incapacity of the person exercising PA
Note: Under the Child Abuse Law (RA7610)-The State
shall intervene on behalf of the child when parents,
guardian. Teacher or person having custody of the
child fails or is unable to support and shall be
committed to the DSWD.
XI. EMANCIPATION
Attainment of the age of majority.
Commences at the age of 18 y/o
Effect of emancipation
-terminates parental authority over the person and
property of the child who shall be qualified of all the
acts of civil life.
XII. SUMMARY JUDICIAL PROCEEDINGS IN THE
FAMILY LAW CASES
-Scope of application of the procedural rules provided
in the Family Code: Unless provided by SC
1. Separation in fact bet H and W
2. Abandonments
3. Other incidents involving P.A.
XIII. RETROACTIVITY OF THE FAMILY CODE
-The Fam Code shall have retroactive effect provided it Note: Juniors may be used by daughter
does not prejudice or impair vested rights ( should be
upon Court discretion). GR a person cannot use different names or surnames.
Exception is the use of pen names and stage names
XIV. FUNERALS provided in good faith and not prejudice 3rd person
Duty to make funerals ad arrangement of the funerals Note:Damages for using name and surname of other
in accordance with the right and duty of support persons.
under Art 199 of Fam Code. In case of descendants of
the same degree of the same degree, or Bro and XVI. ABSENCE (CIVIL CODE ART 43 AND 41 OF FAM
Sister, the oldest shall be preferred. In case of CODE)
ascendants, the paternal shall have the right.
A. PROVISIONAL MEASURES IN CASE OF ABSENCE
The Rules: Takes place in:
1.Keeping in the social position of the deceased 1.Person disappearance from his domicile
2. In accordance with the expressed wishes of the 2. Whereabouts unknown
deceased 3. Leaving without an agent to administer his/her
3. In absence, his religious beliefs or affiliation shall property.
determine funeral rites
4.In case of doubt, The Fam Code shall applied in Art Relief:
199 after consulting other members of the family. 1. Judge may appoint a person to represent
5. No human remain shall be retained etc without the at the instance of:
consent of the persons a.An interested party
6.Any person who disrespect the deads or allows the b.Relative
same or wrongfully interferre with funeral shall be c.Friend
liable to damages, material or moral Preferrence in case of appointment of representative:
7. If the deceased is married, the tombstone shall be 1. The Surviving spouse when ders no LS
deemed part of funeral expenses and chargeable 2. Absence, any competent person.
against CPG.
B.DECLARATION OF ABSENCE
Case of Valino: The surviving spouse shall have the Court may declared absence of a person:
right to the funeral arrgment of his deceased husband 1. 2 years have elapse without having news
and not the common law partner. with the absentee or since the receipt of
the last news;and
Art. 199 2. 5 years in case the absentee left a perso
1. Sposue incharge of administration of his prop.
2. Descendants of the nearest degree
3. Ascendants “ “ “
4. The brother and sister
XV. USE OF SURNAMES
Rules:
1.Legit/legitimated/child conceived b4 the decree of
annulling a voidable M- shall use d name of F
2.Illegitimate use the surname of M
3.Adopted shall use the surnanme of adopter
Rules on Surname by the Married woman:
1. Use her maiden first name and surname
and add her husbands surname;or
(Catherine Joy Catamin-Hyun)
2. Her maiden 1st name and her husband
surname(Catherine Joy C. Hyun)
3. Her husband full name but prefixing a
word indicating that she is his wife suc as
Mrs. (Mrs. Kim Tae Hyun)
How about annulment of Marriage Rules:
1. If the W is the guilty party, she shall
resume her maiden name and surname
2. If innocent spouse, resume her maiden
name and surname. But continues to
employ husband surname, except:
a.Court decree
She is married or former husband married.
How about L.S. or death?
May continue to use name prior to granting LS.
Widow may still use the surname of his H as though he
is living.
Rules in case of identity of names and surnames
1. The younger person shall be oblidge to use
additional name or surname to avoid
confusion
2. Bet Ascendants and descendants the word
jr can be used by the son. Grandson and
other direct male descendants shall either:
a.Add a middle name or the mothers
surname
b. Add the roma numerals II, III and so
on….