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Persons and Family Relations PDF
Persons and Family Relations PDF
Faculty Adviser I
TABLE OF CONTENTS
I. PERSONS ....................................................................................................................................................................................................... 1
PERSON ................................................................................................................................................................. 1
KINDS OF CAPACITY ..................................................................................................................................................... 1
LIMITS ON CAPACITY TO ACT ............................................................................................................................................ 1
KINDS OF PERSONS ..................................................................................................................................................... 1
X. PARENTAL AUTHORITY....................................................................................................................................................................32
DEFINITION ......................................................................................................................................................................................................................32
SUBSTITUTE PARENTAL AUTHORITY EXERCISED BY (IN ORDER) ..........................................................................................................................................33
SPECIAL PARENTAL AUTHORITY EXERCISED BY (ART. 218) ................................................................................................................................................33
RIGHTS AND DUTIES OF PARENTS .....................................................................................................................................................................................33
RIGHTS AND DUTIES OF CHILDREN ....................................................................................................................................................................................33
EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILD (ART. 225)..............................................................................................................34
GROUNDS FOR SUSPENSION OF PARENTAL AUTHORITY (ART. 231) .....................................................................................................................................34
TERMINATION OF PARENTAL AUTHORITY (ART. 228)...........................................................................................................................................................34
I. Persons Persons and Family Relations
2. JURIDICAL PERSONS
1. NATURAL PERSONS
a. The State and its Political subdivisions;
Human beings
b. Other Corporations, Institutions and Entities
Partnerships Stipulations of the parties and For Natural Persons: the place of their habitual
suppletorily by the general residence (CC Art. 50).
provisions on partnership For Juridical Persons: the place where their legal
representation is established, or where they
RULES exercise their primary functions, unless there is a
Juridical persons may acquire and possess law or other provision that fixes the domicile (CC
property of all kinds, incur obligations, and Art. 51).
bring civil or criminal actions (CC Art. 46)
Upon dissolution of corporations or institutions DOMICILE VS. RESIDENCE
and other entities for public interest, their
property and assets shall be disposed of in While domicile is permanent (there is intent to
pursuance of the law or charter creating them. remain), residence is temporary and may be
(CC Art. 47) changed anytime (there is no necessary intent to
remain).
1. Physical Presence
2. Intent to remain permanently
KINDS OF DOMICILE
1. Domicile of Origin
Domicile of parents of a person at the time
he was born.
2. Domicile of Choice
Domicile chosen by a person, changing his
domicile of origin.
A 3rd requisite is necessary – intention not
to return to one’s domicile as his permanent
place.
3. Domicile by Operation of Law (i.e., Article 69,
domicile of minor)
In Tanjanco v CA, the Supreme Court held There is no particular form or religious rite
that “breach of promise to marry is not an required by law.
actionable wrong.” The fact that the Santos, the
woman, agreed to have sexual intercourse with MINIMUM REQUIREMENTS BY LAW
Tanjanco for a year does not constitute seduction 1. The contracting parties appear personally
but mutual passion. before the solemnizing officer
2. They declare in the presence of at least two
However, in Wassmer v Velez, Velez was witnesses of legal age,
held liable for the cost of the wedding preparations 3. That they take each other as husband and
spent by Wassmer, because he disappeared two wife;
days before the marriage. The Supreme Court said 4. The declaration shall be contained in the
that while mere breach is not an actionable wrong, marriage certificate,
Velez is still liable under Art. 21 of the Civil Code 5. Which shall be signed by the contracting
because he abused his right, thereby causing moral parties and their witnesses and attested by the
and material damages, which should be solemnizing officer. (Art. 6, FC)
compensated.
In a marriage in articulo mortis, when one or
both parties are unable to sign the marriage
Essential Requisites of Marriage
certificate, it shall be sufficient for one of the
witnesses to write the name of said party, which
1. Legal Capacity of contracting parties who shall be attested by the solemnizing officer. (Art 6,
must be Male and Female; and par. 2)
2. Consent freely given in the presence of the
solemnizing officer. (Art. 2, FC) PLACES WHERE MARRIAGE MAY BE CELEBRATED
1. Chambers of the judge or in open court;
In People v Santiago (51 Phil 68), the 2. Church, chapel, or temple
marriage between Santiago and his niece was 3. Office of the Consul-general, consul, or vice-
declared void for lack of consent on the part of consul, as the case may be. (Art. 8, FC)
Santiago. He only got married to her to avoid
prosecution because he raped her the same Exceptions
morning that the marriage was solemnized by a Marriage in articulo mortis, in a remote place
Protestant minister. The Supreme Court held that it (the barrio or barangay should be so located that
was a mere ruse for him to escape criminal liability. there is no means of transportation to enable such
party to appear personally before the local civil
Formal Requisites Of Marriage registrar – Art. 29), or where both of the parties
request the solemnizing officer in writing, in which
1. Authority of the solemnizing officer; case the marriage may be solemnized at a house
2. A valid Marriage License except in cases or place designated by then in a sworn statement.
under Chapter 2 of this Title;
3. Marriage Ceremony (i.e. appearance of
contracting parties before solemnizing officer
If a Filipino married to a foreigner and the latter 18.Between parties where one, with the
subsequently obtains a valid divorce abroad intention to marry the other, killed that
capacitating him./her to remarry, the Filipino other person's spouse, or his or her own
spouse shall likewise have the capacity to remarry spouse.
under the Philippine law (Art 26(2)). An action for declaration of nullity of marriage
is imprescriptible. (Art. 39)
Void Marriages *For purposes of remarriage, the nullity of a
previous marriage may be invoked solely on the
basis of a final judicial declaration of nullity (JDN)
MARRIAGE IS VOID AB INITIO WHEN: of the previous marriage. (Art. 40)
I. UNDER FC ART. 35 In Domingo v CA, the husband opposed the
1. Contracted by anyone below 18 years old, filing of judicial declaration of nullity (JDN) filed by
even with consent of parents the wife Domingo because the marriage is already
2. Solemnized by anyone not authorized to void ab initio because of the husband’s previous
do so, except when one or both parties marriage. The Supreme Court held that the JDN
believe that the solemnizing officer had can be invoked for other purposes than remarriage.
authority to do so. The wording of Art. 40 about JDN being the sole
3. There is no marriage license, except in basis for remarriage does not mean that JDN can
marriage under exceptional circumstances only be invoked for purposes of remarriage.
4. It is bigamous or polygamous, except Separation of Property, the reason cited in this
when first spouse has been absent for four case, is also a valid reason for filing for JDN.
years, or two years under extraordinary
circumstances, and the remaining spouse In Republic v Molina, 1997 (268 SCRA
has a well-founded belief that the absent 198), the Supreme Court held that the actions of
spouse is dead, and is judicially declared the wife, described by the wife as “highly immature
presumptively dead. (Art. 41) and habitually quarrelsome who thought himself as
5. There is a mistake in identity of the other a king to be served,” does not amount to
contracting party psychological incapacity. It held that what existed
6. The subsequent marriage is void under are mere irreconcilable differences. It also laid
Art. 53: down in this case the guidelines to be followed by
the courts in interpreting Art. 36.
Marriage is void when Art. 52 is not complied
with: There must be a partition and distribution of GUIDELINES FOR INTERPRETATION OF
property after the judgment of annulment of ARTICLE 36 (REPUBLIC V MOLINA):
declaration of nullity. The presumptive legitimes of
the children must also be delivered and recorded in 1. The burden of proof to show the nullity of the
the appropriate civil registry. marriage belongs to the plaintiff.
2. The root cause of the psychological incapacity
II. UNDER FC ART. 36 must be: (a) medically or clinically identified,
7. Any contracting party is, at the time of the (b) alleged in the complaint, (c) sufficiently
celebration of the marriage, proven by the experts, (d) clearly explained in
psychologically incapacitated to comply the decision.
with the essential marital obligations. 3. The incapacity must be proven to be existing at
“the time of the celebration” of the marriage.
III. UNDER FC ART. 37 (INCESTUOUS 4. Such incapacity must also be shown to be
RELATIONSHIPS) medically or clinically permanent of incurable.
8. Between ascendants and descendants of any 5. Such illness must be grave enough to bring
degree, legitimate or illegitimate. about the disability of the party to assume the
9. Between brothers and sisters, whether full essential obligations of marriage.
or half-blood, legitimate or illegitimate. 6. The essential marital obligations mist be those
embraced by Articles 68 up to 71 of the Family
IV. UNDER FC ART. 38 (FOR REASONS OF PUBLIC Code as regards the husband and wife as well
POLICY): as Articles 220, 221, and 225 of the same Code
10.Between collateral blood relatives, legitimate in regard to parents and their children.
or illegitimate, up to the fourth civil degree. 7. Interpretations given by the national Appellate
11.Between step-parents and step-children. Matrimonial tribunal of the Catholic Church in
12.Between parents-in-law and children-in-law. the Philippines, while not controlling or decisive,
13.Between adopting parent and adopted child. should be given great respect by our courts.
14.Between the surviving spouse of the 8. The trial court must order the prosecuting
adopting parent and the adopted child. attorney or fiscal and the Solicitor General to
15.Between the surviving spouse of the appear as counsel for the state. No decision
adopted child and the adopter. shall be handed down unless the Solicitor
16.Between an adopted child and a legitimate General issues a certification.
child of the adopter.
17.Between adopted children of the same
adopter.
BETWEEN HUSBAND AND WIFE A widow may use the deceased husband’s
surname as though he were still living. (Art. 373,
CC)
Obligations of Spouses C. MISTRESSES:
Rights of Spouses
Use of Surname
A. MARRIED WOMEN:
V. PROPERTY RELATIONS BETWEEN same, and in favor of one or both of the future
spouses. (Art. 82)
SPOUSES REQUISITES:
ORDER TO BE FOLLOWED (ARTS. 74, 75) 1. Made before the celebration of marriage
2. Made in consideration of the marriage
1. Marriage settlements before marriage – 3. In favor of one or both spouses
spouses can agree to whatever regime they
want, be it ACP, CPG, or complete separation. DONATIONS EXCLUDED:
2. Provisions of the Civil Code – If there are no
marriage settlements, the Absolute Community 1. ordinary wedding gifts given after the
of Property will be followed celebration of the marriage
3. Local Customs 2. donations in favor of future spouses made
before marriage but not in consideration thereof
The rule that ACP is the default mode of 3. donations made I n favor of persons other than
property relations absent any marriage settlement the spouses even if founded on the intended
applies to all Filipinos, regardless of the place of marriage
the marriage and their residence – Art. 80
WHO MAY DONATE?
REQUIREMENTS FOR MARRIAGE
SETTLEMENTS (ART. 77) 1. spouses to each other
2. parents of one or both spouses
1. Must be in writing (public or private) 3. 3rd persons to either or both spouses
2. Signed by the parties
3. Executed before the celebration of the DISTINGUISHED FROM ORDINARY
marriage DONATIONS:
4. If party needs parental consent,
parent/guardian must be a party to the
settlement Donations Propter Ordinary Donations
Nuptias
5. If party is under civil interdiction or other
disability (not including insanity), court Does not require Express acceptance necessary
appointed guardian must be a party express acceptance
6. Must be registered in local civil registry – to
affect third persons (If not registered, will not May be made by Cannot be made by minors
prejudice third persons, ACP will apply) minors (Art. 78)
5. Taxes and Expenses for Mere preservation 97) However, the will should refer only to his/her
of Separate properties own share in the community property.
a. Applies only to separate properties by either
spouse being used by the family, not those DONATION OF PROPERTY:
that do not benefit the family.
b. Expenses limited to minor repairs. Donation of one spouse without the consent of
6. Expenses for professional, Vocational, or the other is not allowed (Art. 98, following logic of
Self-Improvement Course of Spouses Art. 96).
a. Intention of the law is to encourage the
spouses to improve themselves for the
benefit not just of their family but of the EXCEPTIONS
whole nation as well. 1. Moderate donations to charity due to family
7. Ante-nuptial Debts that Benefited the rejoicing or distress;
Family 2. Moderate gifts by each spouse to the other due
a. If the ante-nuptial debt did not benefit the to family rejoicing.
family, applicable rule is (9).
b. e.g. loans incurred by husband prior to Note: What’s moderate depends on the socio-
marriage to purchase conjugal home economic status of the family
8. Donations by Spouses to Common
Legitimate Children ACP TERMINATES UPON (ART. 99):
a. Beneficiaries should be common legitimate
children of spouses. 1. Death of either spouse – follow rules in Art.
b. Donation should be made by both spouses; 103
otherwise, the ACP is not liable. 2. Legal Separation – follow rules in Arts. 63 and
9. Ante-Nuptial Debts not under (7), Support 64
of Illegitimate Children, Liabilities of Either 3. Annulment or judicial declaration of nullity
Spouse Arising from Quasi-Delict – follow rules in Arts. 50 to 52
a. If the debtor-spouse has no exclusive 4. Judicial separation of property during
property or his or her property is marriage – follow rules in Arts. 134 to 138
insufficient.
b. Under Art. 205 of CC, guilty spouse has no RULES ON DE FACTO SEPARATION (ART.
obligation to reimburse to the ACP 100):
indemnities paid by ACO on account of a
crime or quasi-delict committed by him or GENERAL RULE
her. Under the Family Code, however, the De facto separation does not affect the ACP.
ACP is considered merely to have advanced
these indemnities; they shall be deducted EXCEPTIONS
from the share of the guilty spouse at the 1. Spouse who leaves the conjugal home without
time of the liquidation of the absolute just cause shall not be entitled to support.
community. He/She, however, is still required to support the
10.Expenses of Litigation between Spouses other spouse and the family.
a. Expenses of these litigations are actions for 2. If consent is necessary for transaction but is
support by one spouse against the other or withheld or otherwise unobtainable,
for support and custody of children, legal authorization may be obtained from the court.
separation, and annulment of marriage. 3. Support for family will be taken from the ACP.
b. If the spouse who files the case loses, the 4. If ACP is insufficient, spouses shall be solidarily
ACP is not liable for the expenses incurred liable.
during litigation. 5. If it is necessary to administer or encumber
separate property of spouse who left, spouse
ADMINISTRATION OF PROPERTY: present may ask for judicial authority to do this.
6. If ACP is not enough and one spouse has no
Belongs to both spouses jointly. If they separate property, spouse who has property is
disagree the husband’s decision prevails. However, liable for support, according to provisions on
the wife has five years from the date of the support.
decision to go to court for recourse. Otherwise, it is
presumed that she agreed with the husband’s IN CASE OF ABANDONMENT (ART. 101):
decision. (Art. 96)
Present spouse may petition the court for:
EXCEPTION a. receivership;
When the other spouse is incapacitated, or b. judicial separation of property; or
unable to participate in the administration (e.g. c. authority to be the sole administrator of the
when abroad). absolute community, subject to
precautionary conditions that the court may
DISPOSITION OF PROPERTY: impose.
Either spouse may, through a will, dispose Spouse is prima facie considered to have
his/her interest in the community property. (Art. abandoned the other spouse and the family if:
1. he/she has left for a period of three months, C. Conjugal Partnership Of Gains
2. he/she has failed to inform his/her whereabouts
for a period of three months.
WHERE IT APPLIES:
PROCESS OF LIQUIDATION OF ACP (ART. 1. For marriages before the implementation of the
102): Family Code.
2. For marriages after the Family Code, if agreed
1. Inventory of assets of ACP and of spouses, to by the parties through a marriage
with market values. settlement.
2. Obligations are paid with community
property, and separate obligations not charged
to ACP paid by respective assets of spouses.
3. Balance, or net remainder is divided equally
between the spouses, irrespective of how much HUSBAND AND WIFE PLACE IN COMMON
each brought into the community. FUND:
4. If obligations exceed the assets of the ACP,
nothing is divided. Creditors can go after the 1. The proceeds, products, fruits, and income of
separate properties of the spouses, which are their separate properties;
solidarily liable for the deficiency. 2. Everything acquired by them within marriage
5. If personal obligations of a spouse exceed through their own efforts;
his/her separate property, creditor can go after 3. Everything acquired by them by chance
the share of the spouse on the net remainder of
the ACP, without prejudice to the provisions of Each spouse has his/her own property and
law on forfeitures and delivery of his/her own debts.
presumptive legitimes. Upon dissolution of marriage or partnership,
6. After covering all community obligations and the net gains or benefits from the partnership shall
obligations of spouses, balance of separate be divided equally between the spouses, unless
properties shall be delivered to respective they have agreed on another manner of division in
spouses or their heirs, and they will also their marriage settlement.
divide into two equal shares whatever is left of
the community assets, without prejudice to the In De Ansaldo v Sheriff of Manila, the
provisions of law on forfeitures and delivery of Supreme Court ruled that the spouses are not co-
presumptive legitimes. owners of the conjugal properties during the
marriage and cannot alienate the supposed ½
RULES IN CASE OF TERMINATION OF interest of each in the said properties. The interest
MARRIAGE BY DEATH OF ONE OF THE of the spouses in the conjugal properties is only
SPOUSES (ART. 103): inchoate or a mere expectancy and does not ripen
into title until it appears after the dissolution and
1. The community property shall be liquidated liquidation of the partnership that there are net
in the same proceeding for the settlement of assets
the estate of the deceased spouse.
2. If no such judicial settlement proceeding is
instituted, surviving spouse shall liquidate
the community property either judicially or
extra-judicially within one year from the death
of the deceased spouse.
CPG ACP
1. Property acquired Each spouse retains his/her property; only Properties become part of community
before marriage. fruits part of conjugal property property
3. Upon dissolution of Separate properties are returned; net Net remainder of ACP divided equally
marriage profits divided equally between spouses or between spouses or heirs.
heirs.
4. Basis Capital and properties of spouses kept Mutual trust and confidence between
separate and distinct from benefits; spouses; fosters oneness of spouses
insurmountable obstacle to presumption
of solidarity
5. Liquidation Exclusive properties will have to be Easier to liquidate because net remainder
identified and returned, and sometimes, of community properties are simply
identification is difficult. divided between spouses or heirs
1. Existence Exists with the mere fact of marriage Comes into existence according to
agreement between parties
2. Purpose, duration, Predetermined by legislator, the law fixing Determined by will of partners.
and rules its conditions.
4. Equality No equality between spouses in control, General rule is that all partners have equal
management, and disposition, because the rights in administration, management, and
law grants the husband some control of partnership.
predominance.
9. Causes for Death, legal separation, annulment, JDN, Death, insolvency, civil interdiction,
dissolution judicial separation of property termination of term, express will of any
partner, etc. (Arts 1830-1931)
10. Effect of death of a Dissolution of partnership Surviving partners may choose to continue
partner partnership
11. Division of Only upon dissolution There can be division of profits without
properties dissolution
12. Management Joint; in case of disagreement, the Same as individual partners, except when
husband’s decision shall prevail, wife has one or more partners designated as
recourse to courts managers.
5. All taxes and expenses for mere preservation DISPOSITION OR ENCUMBRANCE OF THE
made during the marriage upon the separate CPG:
property of either spouse;
6. Expenses to enable either spouse to commence DISPOSITION OF PROPERTY
or complete a professional, vocational, or other Alienation of said property in any form, such
activity for self-improvement; as sale, donation, or assignment.
7. Ante-nuptial debts of either spouse insofar as ENCUMBRANCE OF PROPERTY
they have redounded to the benefit of the Includes a real estate mortgage of immovable
family; property or a chattel mortgage or pledge of
8. The value of what is donated or promised by personal property of the CPG.
both spouses in favor of their common
legitimate children for the exclusive purpose of Disposition or encumbrance of conjugal
commencing or completing a professional or property requires the consent or approval by both
vocational course or other activity for self- spouses.
improvement; and
9. Expenses of litigation between the spouses Mere awareness of a transaction is NOT
unless the suit is found to groundless. consent
REQUISITES
E. Regime of Separation of Property
1. The man and the woman must have capacity to
marry each other.
GOVERNED BY: 2. The man and the woman cohabit.
3. The cohabitation is exclusive.
Marriage settlements; provisions of the Code 4. The man and the woman are not married to
are only suppletory. (Art. 143) each other or are married to each other but the
marriage is void.
KINDS OF SEPARATION (ART. 144):
CO-OWNERSHIP IN
1. Present Property, Future Property, Both 1. Wages and salaries earned by either spouse
2. Total separation, Partial separation (remaining during the cohabitation.
property is considered part of the absolute 2. Properties acquired by them through their joint
community) work or industry during the cohabitation.
Presumption – properties acquired during
the cohabitation are presumed to have been
acquired through their joint efforts, work or
industry
RULES
Parties cannot encumber or dispose by acts
inter vivos their share in the property acquired
during their cohabitation until termination
RULES
Only properties acquired by the parties
through their actual joint contribution of money,
property or industry shall be owned in common in
proportion to their respective contributions.
Presumption
Contributions and share of the parties to the
properties acquired during the cohabitation are
equal.
VI. THE FAMILY 2. The family home can be constituted only on the
dwelling place and therefore in the locality
where the family has its domicile.
FAMILY RELATIONS INCLUDE THOSE: 3. The value of the family home must not exceed
the limit fixed by law
1. Between husband and wife;
2. Between parents and children; HEAD OF THE FAMILY:
3. Among brothers and sisters, whether of the full
or half-blood. Every person who is residing in the dwelling
house with him or her, and under his or her care
GENERAL RULE: and maintenance, any of the following:
1. His or her minor child, grandchild or child of his
For a suit between members of the same or her deceased wife or husband;
family shall prosper, the following are required: 2. A minor brother or sister or a minor child of a
1. Earnest efforts towards a compromise have deceased brother or sister;
been made 3. The father, mother, grandfather, grandmother
2. Such efforts have failed of a deceased husband or wife
3. Such earnest efforts and the fact of failure must 4. An unmarried sister or any other of the relatives
be alleged mentioned who has attained the age of majority
but is unable to take care or support himself.
Without these 3, the case will be dismissed.
BENEFICIARIES OF THE FAMILY HOME (ART.
EXCEPTION: 154):
Cases which cannot be compromised. (Article 1. The husband and wife, or an unmarried person
2035): who is the head of the family.
1. civil status of persons, 2. Their parents, ascendants, descendants,
2. validity of marriage or a legal separation, brothers and sisters, legitimate or illegitimate,
3. any ground for legal separation, who are living in the family home and who
4. future support, depend upon the head of the family for legal
5. jurisdiction of courts, support.
6. future legitime
REQUISITES TO BE A BENEFICIARY
The Family Home 1. The relationship is within those enumerated
2. They live in the family home
3. They are dependent for legal support on the
DEFINITION
head of the family
Dwelling place of a person and his family
EXCEPTIONS IN THE EXEMPTION OF THE
FAMILY HOME FROM EXECUTION (ART. 156):
A real right, which is gratuitous, inalienable,
and free from attachment, constituted over the
1. Nonpayment of taxes.
dwelling place and the land on which it is situated,
2. Debts incurred prior to the constitution of the
which confers upon a particular family the right to
family home.
enjoy such properties, which must remain with the
3. Debts secured by mortgages on the premises
person constituting it and its heirs
before or after such constitution.
4. Debts due to laborers, mechanics, architects,
The house and lot must be owned by the
builders, materialmen and others who have
person who constitutes it as it ins in the nature of
rendered service or furnished material for the
the family home to be permanent
construction of the building.
To constitute the family home, there must be
OTHER RULES
actual occupancy with the intention of dedicating
The family home must be part of the
the premises for such purpose
properties of the ACP or CPG, or of the
exclusive properties of either spouse. (Art.
Cannot be constituted upon premises
156)
permanently used for business purposes
Property that is the subject of a conditional
sale on installments where ownership is
Exempted from execution, forced sale, and
reversed by the vendor only to guarantee
attachment
payment of the purchase price may be
constituted as a family home (Art. 156 (2)).
LIMITATIONS:
Value: shall not exceed P300,000 for urban
areas, P200,000 for rural areas, at the time of
1. Each family can have only one family home. No
the constitution (Art. 157)
other family home can be established without
» Urban Areas: chartered cities and
first dissolving the existing one.
municipalities whose annual income at
PATERNITY
SELLING THE FAMILY HOME (ART. 158)
The relationship or status of a person with
Family home may be sold, alienated, donated,
respect to his or her child (paternity includes
assigned, or encumbered by the owners.
maternity).
REQUIREMENTS
FILIATION
1. the written consent of the person constituting
it,
The status of a person with respect to his or
2. his/her spouse, and
her parents.
3. majority of the beneficiaries of legal age.
4. If there is a conflict, the Court will decide.
TYPES OF FILIATION
1. Natural
IN CASE OF DEATH (ART. 159):
a. Legitimate (Art. 164)
b. Illegitimate (Arts.165, 175, 176)
Family home shall continue despite the death
c. Legitimated (Arts. 167-172)
of one or both spouses or of the unmarried head of
2. By Adoption (R.A. No. 8552 (“Domestic
the family for a period of ten years, or as long as
Adoption Act”) and R.A. No. 8043 (“Inter-
there is a minor beneficiary.
country Adoption Act”))
The heirs cannot partition the home unless the
3 TYPES OF LEGITIMATE CHILDREN
court finds compelling reasons therefor.
1. Legitimate proper
2. Legitimated
REQUISITES FOR CREDITOR TO AVAIL OF THE
3. Adopted
RIGHT UNDER ARTICLE 160:
2 TYPES OF ILLEGITIMATE CHILDREN
1. He must be a judgment creditor;
1. Children of parents disqualified to marry each
2. His claim is not among those excepted under
other at conception and marriage.
Article155, and
2. Children of parents qualified to marry each
3. He has reasonable grounds to believe that the
other
family home is worth more than the maximum
Only this kind can be legitimated by
amount fixed in Article 157
subsequent marriage.
PROCEDURE TO AVAIL OF RIGHT UNDER
ARTICLE 160: B. Legitimate Children
1. The mother must have married again within 2. From the discovery or knowledge of the fact of
300 days from the termination of the marriage registration of the birth, whichever is earlier.
2. The child was born within the same 300
days after the termination of its mother's first Article 170 is not applicable if the action is not
marriage to impugn the legitimacy of a child but to have the
3. The child was born after 180 days following child declared not a child of the alleged mother and
the solemnization of its mother's second not her legal heir.
marriage PROOFS OF FILIATION (ART. 172):
The first marriage must be terminated either 1. The record of birth appearing in the civil
by death or annulment. register or a final judgment.
2. An admission of legitimate filiation in a
There is no presumptive rule on the status of public document or a private handwritten
a child born after 300 days following the instrument and signed by the parent concerned.
termination of the marriage. (Art. 169)
Reason: 300 days is the longest period of Or, in their Absence:
gestation. 1. The open and continuous possession of the
status of a legitimate child; or
WHO CAN IMPUGN THE LEGITIMACY OF A 2. Any other means allowed by the Rules of Court
CHILD? and special laws.
Only the HUSBAND. His heirs can only impugn A child can claim legitimacy anytime in his
the legitimacy of a child born to his wife when: life. In case of insanity or when the child dies as a
1. The husband died before the expiration of the minor, the right shall be transmitted to the heirs.
period fixed for bringing his action; In this case they have five years to institute action.
2. He died after the filing of the complaint without (Art. 173)
having desisted therefrom; or
3. The child was born after the death of the RIGHTS OF LEGITIMATE CHILDREN (ART.
husband (Art. 171) 174):
1. Within 1 year – from knowledge of the birth or The same as legitimate children (Art. 175)
its recording in the civil register, if the
impugner resides in the city or municipality RIGHTS OF ILLEGITIMATE CHILDREN (ART.
where the birth took place or was recorded; 176)
2. Within 2 years – from knowledge of the birth
or its recording in the civil register, if the 1. To bear the surname of their mother and
impugner resides in the Philippines other than FATHER(the right to use the father’s surname is
in the city or municipality where the birth took granted to them through RA 9255, thereby
place or was recorded; amending Art. 176)
3. Within 3 years – from knowledge of the birth Requirement to use father’s Surname
or its recording in the civil register, if the » Acknowledgement from father through:
impugner resides abroad, ▪ The birth certificate;
▪ A public document; or
If the birth of the child has been concealed ▪ A private handwritten instrument;
or was unknown to the husband or his heirs, the 2. To receive support from their parents,
above periods shall be counted: ascendants, and in proper cases, their brothers
1. From the discovery or knowledge of the birth of and sisters; and
the child 3. To the legitime and other successional rights
granted by law to legitimate children.
LEGITIMATION:
COMPARED TO ADOPTION
Adoption
Law merely creates by fiction a relation which
did not in fact exist.
Legitimation
Law merely makes legal what exists by
nature.
RULES:
VIII. ADOPTION
*Provisions of the Family Code have been amended by RA 8049 (Inter-Country Adoption Act0 and RA
8552(Domestic Adoption Act)
A. Definition
A juridical act which creates between two persons a relationship similar to that which results from
legitimate paternity and filiation.
SIMILARITIES
Both are given status of a child born in lawful wedlock of the parents adopting or legitimizing it.
DIFFERENCES
LEGITIMATION ADOPTION
Under the Civil Code, persons who have already children of their own cannot adopt anymore, unless they
are adopting their own illegitimate children in order to elevate their status, the reason being that, the old
concept of adoption considered it mainly for the benefit of persons who have not been blessed with children or
who have lost them.
Art. 187. The following may not be adopted: SECTION 8. Who May Be Adopted. — The following
may be adopted:
(1) A person of legal age, unless he or she is a a. Any person below eighteen (18) years of age
child by nature of the adopter or his or her spouse, who has been administratively or judicially
or, prior to the adoption, said person has been declared available for adoption;
consistently considered and treated by the adopter b. The legitimate son/daughter of one spouse by
as his or her own child during minority. the other spouse;
c. An illegitimate son/daughter by a qualified
(2) An alien with whose government the Republic adopter to improve his/her status to that of
of the Philippines has no diplomatic relations; and legitimacy
d. A person of legal age if, prior to the adoption,
(3) A person who has already been adopted unless said person has been consistently considered
such adoption has been previously revoked or and treated by the adopter(s) as his/her own
rescinded. (30a, E. O. 91 and PD 603) child since minority;
e. A child whose adoption has been previously
Plurality of Adoption – A person cannot have two rescinded; or
adopting fathers/mothers. But the adoption of a f. A child whose biological or adoptive parent(s)
child by a married man will not bar a subsequent has died: Provided, That no proceedings shall
adoption of the same child by the wife of the be initiated within six (6) months from the time
adopting parent (jointly adopted). Upon the death, of death of said parent(s).“administratively or
or when adoption was rescinded or revoked, only judicially declared available for adoption”
then can the child be adopted again by another. - voluntarily or involuntarily committed to the
Adoption of an adult is not allowed: Department or to a duly licensed and accredited
- he is old enough to take care of himself and does child-placing or child-caring agency, freed of the
not have to depend on anyone else to do so. If parental authority of his/her biological parent(s) or
the reason is to share material advantages with guardian or adopter(s) in case of rescission of
the adopted, he can do so by simply giving the adoption.
latter financial assistance and leaving him - "Voluntarily committed child" is one whose parent(s)
something in his will. knowingly and willingly relinquishes parental
- The rationale of adoption is to give poor, orphaned, authority to the Department.
abandoned children the advantages and blessings - "Involuntarily committed child" is one whose
of having parents who would love, support, parent(s), known or unknown, has been
protect, rear and educate them until old enough permanently and judicially deprived of parental
Enumerated who MAY NOT be adopted instead of authority due to abandonment; substantial,
MAY BE adopted. continuous, or repeated neglect; abuse; or
incompetence to discharge parental responsibilities.
v. the right to reconsider his/her decision to
D. Pre-Adoption relinquish his/her child within six (6)
months from signing the Deed of
Voluntary Commitment (DVC) subject
PRE-ADOPTION – counseling services for the to assessment by the Department.
biological parents of adoptee, prospective adoptive c. Continuing services shall be provided after
parents, and prospective adoptee. relinquishment to cope with feelings of loss,
etc. and other services for his/her
Section 4 under Art. 111 of Rules and Regulation to reintegration to the community.
implement RA 8552: d. The biological parent(s) who decided to keep
the child shall be provided with adequate
1. Biological Parent(s) services and assistance to fulfill parental
a. Biological Parents shall be counseled responsibilities.
regarding their options:
i. to keep the child and avail of services 2. Prospective Adoptive Parent(s)
and assistance; a. Biological Parents shall be counseled
ii. avail of temporary child care regarding their options:
arrangements such as foster care; or i. to disseminate basic information about
iii. relinquish the child for adoption adoption including the adoption
b. Topics to focus on: process and procedures and the
i. the loss of parental rights over the child effects of adoption.
and as a rule, not having further ii. to inform them of the general
contact with the child; background of children in need of
ii. the importance of providing relevant adoptive homes including children with
information on the child, their own special needs;
medical history and family iii. to develop among prospective adoptive
background; parents a respect for the child’s
iii. the possibility that the child may be biological origin and an awareness of
placed for adoption within the the importance of telling the child that
Philippines or in a foreign country; he/she is adopted.
iv. the possibility that in the future, there iv. To provide a support group for adoptive
may be communication with the child parents which shall give them a venue
at their or the child’s initiative.
for sharing their adoption experiences. the immediate community who have
b. A certificate shall be issued by the known the applicant(s) for at least three
Department to the prospective adoptive (3) years;
parents attesting that they have undergone 8. 3x5 sized pictures of the applicant(s) and
pre-adoption services. The certificate shall his/her immediate family taken within the
be made a pre-requisite of the homestudy. last three (3) months;
9. Certificate of attendance to pre-adoption
3. Prospective Adoptee fora or seminars.
a. A prospective adoptee shall be provided with In addition, foreign nationals shall submit
counseling and other support services the following:
appropriate to his/her age and maturity, and 10. Certification that the applicant(s) have
in a manner and language that the child legal capacity to adopt in his/her country
comprehends, especially to enable him/her and that his/her country has a policy, or is
to understand why he/she has been a signatory of an international agreement,
relinquished for adoption. which allows a child adopted in the
b. In the case of a prospective adoptee whose Philippines by its national to enter his/her
consent to his/her own adoption is country and permanently reside therein as
necessary, the social worker/counselor shall his/her legitimate child which may be
consider the child’s wishes and opinions, issued by his/her country’s diplomatic or
ensure that his/her consent is voluntary and consular office or central authority n
duly inform him/her of the effects of such intercountry adoption or any government
consent. agency which has jurisdiction over child
and family matters; or in the absence of
E. Adoption Procedure any of the foregoing, the Philippine
Intercountry Adoption Board may also
certify that the Philippines and the
Article 5, Rules and Regulations to implement applicants’ country have an existing
RA 8552: agreement or arrangement on intercountry
adoption whereby a child who has been
Steps 1 and 2 for prospective adopters. Step 3 and adopted in the Philippines or has a pre-
4 for prospective adoptees adoption placement approved by the Board
is allowed to enter and remain as
1) Application for Adoption. Prior to this, permanent resident in the applicant’s
prospective adopters should attend adoption fora country as his/her legitimate child.
and seminar. Reasonable fees and charges are also 11. Certificate of Residence in the Philippines
imposed to adopters. After which, they shall file issued by the Bureau of Immigration or
his/her application for adoption with the Department of Foreign Affairs, as
Department directly or with a social service office appropriate;
of a local government unit, or with any licensed 12. Two (2) character references from a non-
accredited child placing agency. Spouses shall file relatives who knew the applicant(s) in the
their application jointly. country of which he/she is a citizen or was
a resident prior to residing in the
2) Preparation of Home Study Report. Philippines, except for those who have
Department representatives shall conduct home resided in the Philippines for more than
visits to the applicants to determine whether they fifteen (15) years;
have capacity to adopt or not. The following 13. Police Clearance from all places of
documents/certifications are required: residence in the past two years
1. Authenticated birth certificate immediately prior to residing in the
2. Marriage Contract or Divorce, Annulment, Philippines.
Declaration of Nullity, or Legal Separation
documents; In the case of an applicant who is residing abroad,
3. Written consent to the adoption by the but is otherwise qualifies to adopt in the Philippines
legitimate and adopted sons/daughters, under the provisions of the Act, the Homestudy
and illegitimate sons/daughters if living report shall be prepared by an accredited foreign
with the applicant, who are at least ten adoption agency. However, a certification from the
(10) years old; Intercountry Adoption Board shall be required to
4. Physical and medical evaluation by a duly ensure that said agency is accredited.
licensed physician and psychological
evaluation by a psychologist; Disapproval of Adoption Application. – Except
5. NBI/Police Clearance when found by the social worker that such
6. Latest income tax return or any other application can no longer be considered, there shall
documents showing financial capability, be no prejudice to future application of said
e.g. Certificate of Employment, Bank applicants.
Certificate or Statement of Assets and
Liabilities; 3) Certificate Of Availability Of Child For
7. Three (3) character references, namely Adoption. – No child shall be placed for adoption
from the local church/minister, the unless a clearance has been obtained from the
employer, and a non-relative member of
Department that said child is available for during the regular matching conference by the
adoption. Matching Committee otherwise called the Child
Welfare Specialist Group (CWSG) in the regional
The Department shall issue the Certificate of level where the social workers of the child and
Availability for Adoption not later than fifteen (15) family are present. If records of children and
days after expiration of the six (6) month period approved adoptive parent/s are not matched within
after execution of Deed of Voluntary Commitment thirty (30) days in the regional level, it shall be
by the child’s parents or legal or after receipt of forwarded to the Department’s Central Office for
entry of judgement in case of involuntary interregional matching
commitment.
The matching proposal made by the CWSG shall be
Copy of the Certificate of Availability for Adoption approved by the Department.
and Child Study Report shall be sent to the Child
Welfare Specialist Group (CWSG) for purpose of 7) Placement. – The physical transfer of a child
placement of the child for adoption. from a child caring agency or foster home to the
prospective adoptive parents who shall be
* FOR BIOLOGICAL PARENTS: In all proceedings responsible for his/her care and custody shall be
for adoption, a comprehensive study report made after the necessary form are accomplished
prepared by a licensed social worker shall be and the Pre-Adoption Placement Authority (PAPA)
submitted to the court as proof that the biological has been issued after approval of the Regional
parent(s) has been properly counseled and Director for placement within the region or by the
provided other support services: Department Secretary or his/her duly authorized
1. to exhaust all measures to strengthen family representative in cases of interregional placements.
ties and keep the child;
2. to ensure that their decision to relinquish their 8) Supervised Trial Custody. – The placement of
child for adoption is not caused by stress, the child shall take effect upon issuance of the
anxiety or pressure; and PAPA by the Department after which the
to ascertain that such decision does not result in supervised trial custody shall commence.
improper financial gain for those involved in it. During the supervised trial custody, the social
worker shall conduct monthly home visits to
4) Supporting Documents Of Child Study monitor adjustment of the prospective adopter(s)
Report. – The child study report shall be prepared and child to each other and submit progress report
only by a licensed and accredited social worker of to the Department. A copy of these reports shall be
the Department or child caring agency not involved given to the child caring agency where the child
in child placement. came from.
The following documents shall accompany the The court may upon its own motion or on motion of
child report: the petitioner, reduce or dispense with the trial
1. Authenticated birth or foundling certificate, period if it finds that it is to the best interest of the
when appropriate; child. In such case, the court shall state its reasons
2. Written Consent to adoption by the biological for reducing said period.
parent(s) or the legal guardian and the written
consent of the child if at least ten (10) years Disruption of Pre-Adoptive Placement. – If the
old, signed in the presence of the social worker placement/relationship is found unsatisfactory by
of the Department or child caring agency after the child or the adopter(s), or both, or if the social
proper counseling as prescribed in Section III worker finds that the continued placement of the
of these Rules; child is not in the child’s best interest, said
3. Death Certificate of biological parents, Decree relationship/placement shall be suspended by the
of abandonment or Deed of Voluntary Department which shall recommend to the
Commitment, as appropriate; Adoption Resource and Referral Office to consider
4. Medical evaluation of the child and his/her another possible placement.
parent(s), if available;
5. Psychological Evaluation when appropriate; New Placement. – In the event of the disruption
6. Picture of the child of the pre-adoptive placement, the Department
shall arrange without delay a new placement of the
child, or, if inappropriate, other alternative long
term care.
5) Submission Of Case Records Of
Prospective Adoptees and Prospective 9) Consent to Adoption. – If the adjustment of
Adoptive Parents. – Case Records of prospective the child/adopter(s) is satisfactory, the social
adoptees and prospective adoptive parents shall be worker shall forward to the Department the final
submitted to the concerned Adoption Resource and supervisory report which shall include the
Referral Office (ARRO) which was established recommendation for the issuance of the written
according to Section 23 of the Act for matching. consent to adoption to be executed by the
Department.
6) Matching. – The matching of the child to an
approved adoptive parent(s) shall be carried out
The court may award custody to third Rights and Duties Of Parents
persons, if it is in the best interest of the child.
RIGHTS OF PARENTS UPON THEIR CHILDREN
In case of death, absence, or unsuitability of (ART. 220):
both parents, a surviving grandparent shall
exercise substitute parental authority. (Art. 214)
1. To have them in their custody
2. To represent them in all matters affecting their
If there are several grandparents, the one
interests
designated by the court (pursuant to
3. Demand respect and obedience and impose
considerations in Art. 212, FC) shall exercise
discipline on them
substitute parental authority.
4. Administer their property and income to support
the child and the family
Only in case of the parents’ death, absence, or
5. To give or withhold consent on marriage, pre-
unsuitability may substitute parental authority be
nuptial, donation propter nuptias, adoption, and
exercised by the surviving grandparent.
employment
6. To disinherit them for just cause
Substitute Parental Authority Exercised
By (In Order) DUTIES OF PARENTS UPON THEIR CHILDREN
(ART. 220):
The surviving grandparent, as provided in Art.
214 1. support and upbringing in accordance to their
Oldest brother or sister, over 21 years old, means
unless unfit or unqualified. 2. educate, instruct, and provide them with moral
Child’s actual custodian, over 21 years old, and spiritual guidance, and love and
unless unfit or unqualified. (Art. 216). understanding
3. defend them against unlawful aggression
In case of foundlings, abandoned neglected or 4. answer for damages caused by their fault or
abused children and other children similarly negligence, and for civil liability for crimes
situated, parental authority shall be entrusted in committed by them
summary judicial proceedings to heads of children's 5. give their lawful inheritance
homes, orphanages and similar institutions duly
accredited by the proper government agency. (Art.
Rights and Duties of Children
217)
UP Law Center
Review Committee I
Subject Committee
[Subject] I
Information Management
Committee I Armi Bayot [head] . Keisie Marfil . Paulyne
Regalado Theresa Roldan . Lem Arenas
Chino Baybay . Tristan Tresvalles . Al Siason