WHAT IS FILIATION IN GENERAL?
The civil status or relationship of the - Was the mother of the child the one who filed this case? NO, the
child to the father or mother.
- Does not talk about MATERNITY; only concerned about the
father and the child.
- WHY? The father can never be certain of his paternity.
- There can never be a question about the maternity of the child.
- The problem that arises is always with respect to paternity and
the relationship (legitimate or illegitimate).
- Family Code: natural filiation of children became SIMPLER (Civil
Code, more than two kinds).
- LEGITIMATE: conceived during the time of the marriage of the
parents.
- PECULIAR KIND: ARTIFICIAL INSEMINATION.:
 LEGITIMATE: if both of the parents have agreed.
Through the sperm, a donor, or the sperm of both the
father and the donor. MUST BE REGISTERED IN THE
CIVIL REGISTRY.
- Those children born of marriages subsequently voided (Art. 36,
45), they are still considered LEGITIMATE.
- ADOPTED CHILDREN: another way of establishing filiation and
are considered LEGITIMATE CHILDREN.
- Children of marriage that are void for reasons of PUBLIC
POLICY, or children of marriages because of them being
incestuous are considered ILLEGITIMATE.
- Children born during the time of subsequent marriage when the
one of the spouses is declared presumptively dead 
LEGITIMATE.
- ILLEGITIMATE CHILDREN: Civil Code:
1. NATURAL – of parents who are not married but there is
no legal impediment.
2. SPURIOUS – born of parents not married to each other,
there be a legal impediment for them to get married.
- The Family Code REMOVED THE DISTINCTION: ONLY
ILLEGITIMATE.
- WHY DO WE NEED TO ESTABLISH FILIATION? To assert
rights for inheritance/claims to successional rights over property
of a deceased parent.
- WHAT WILL CONSTITUTE SUFFICIENT EVIDENCE TO
ESTABLISH PATERNITY AND FILIATION? Pieces of evidence
must be introduced. Pictures? Kindness?
- WHAT DO WE HAVE TO LOOK FOR? HOW DID THE COURT
APPRECIATE THE EVIDENCE.
May either be NATURAL or ADOPTED.
ANGELES VS. MAGLAYA
- The petition of letters of administration (SUCCESSION) – to
administer the property of the decedent  THE ALLEGED
FATHER.
- Whose relationship is being established here? THE
DAUGHTER’S.
- WHAT WERE THE EVIDENCES INTRODUCED IN SUPPORT
OF HER CLAIM: birth certificate, pictures.
- BUT WHAT IS THE DEFECT OF THE BIRTH CERTIFICATE?
The father did not acknowledge her and it was only prepared by a
third party.
- It was not even signed by the father. It just says there that the
child is legitimate  NOW: erroneous entries on birth certificates.
- PHOTOGRAPHS are insufficient proofs, as well.
- When will the presumption of legitimacy arise? When there is
evidence introduced to prove the marriage, there will be a
presumption. BUT THERE IS NO MARRIAGE CONTRACT.
- The presumption of legitimacy CANNOT arise without the proof
of the marriage of the parents.
1 – BANTAY – PERSONS AND FAMILY RELATIONS 1 – FINALS – AUF SOL 2013
daughter herself.
- She is claiming that SHE IS THE LEGITIMATE DAUGHTER of
the decedent.
It would have been better if she claimed to be an ILLEGITIMATE
DAUGHTER.
LABAGALA VS. SANTIAGO (recitation)
- Descendants cancel ascendants and collaterals.
- The child claiming filiation is NOT THE CHILD OF THE COUPLE
AT ALL.
- Ida Labagala’s birth certificate was presented by the
respondents.
BENITEZ-BADUA VS. CA
- The child has been living with them for a long time.
- In support of her allegation that she is an illegitimate child, what
evidence did she present? That she was showered with love,
support for education, financial needs, ITR, certificate of live birth,
baptismal certificate.
- What’s wrong with the Baptismal Certificate? It only proves that
she is baptised, not the FACT OF BIRTH.
- Her evidences are only testimonial. When it comes to
IMPORTANT RECORDS, what about the BIRTH CERTIFICATE?
It is highly irregular for people who are well off to give birth in a
house without any assistance of a doctor or a midwife.
- The Birth Certificate was valid. But why was she born in a house
and not in a hospital? The court did not give much probative
value to the BC because of that.
- PIECES OF EVIDENCE INTRODUCED BY THE OPPOSITORS?
MEDICAL PROOF THAT THE MOTHER CAN NEVER
CONCEIVE; testimonial evidence that she never got pregnant.
People will know WON she got pregnant and delivered a child.
- DOCUMENT EXECUTED BY THE HEIRS OF ISABEL: deed of
extrajudicial settlement of the estate of Isabel  that they are the
only remaining heirs of Isabel, not the child claiming filiation.
- THE LETTER OF SUPLICATION: what was she asking her
husband? Why would she write that? If her daughter is really
theirs, automatically, she will inherit from her. She need not
remind the husband to ensure that their daughter will inherit, if
she really was their daughter.
ALL EVIDENCE INTRODUCED HERE FOR THE PETITIONER POINTS
TO THE POSSIBILITY THAT SHE IS MERELY AN ADOPTED CHILD –
BUT NOT EVEN LEGALLY.
FERNANDEZ vs. CA
- The daughter of the tennis instructor and the tennis enthusiast.
- Why did they file this petition in behalf of their children? For the
support of the two sons?
- EVIDENCES:
1. Certificate of live birth. NOT SIGNED BY THE ALLEGED
FATHER. THERE WAS NO ACKNOWLEDGMENT.
2. Baptismal certificate. NOT ENOUGH.
3. Photographs of the alleged father in the baptism. NOT
ENOUGH.
4. Pictures of the alleged father and the son taken at the
house of the mother. NOT ENOUGH.
5. PRIEST: Fr. Fernandez. CORROBORATIVE PICTURES.
- Evidentiary value of photographs is minimal  ONLY PROVES
THE PRESENCE OF THE PERSON THERE at a specific time
and date, nothing more.
The evidences introduced were not enough.

PEOPLE VS. TUMIMPAD
- The value of blood typing.
- How can somebody who has a mind of 5 years old determine her
assailants?
- RESULT OF THE BLOOD TEST: TUMIMPAD  Type O.
- An appeal was brought. His allegation being his conviction of the
result of the blood test.
- What is the probative value of result of the blood test 
CONCLUSIVE ONLY AS TO THE FACT THAT THE MAN IS
NOT THE FATHER, NOT THE MAN BEING THE FATHER OF
THE CHILD.
- He said it only establishes a possibility. But is he correct? NO.
The blood test supports the other evidences.
- ERROR OF THE DECISION OF THE TRIAL COURT and
established the appeal of Tumimpad. Is he correct? Yes.
- But the SC is also correct  TESTIMONIAL EVIDENCE
(identified during the line-up).
- The decision was not only based on the blood testing, but on
other evidences presented.
- A decision of acquittal cannot be appealed  tantamount to
double jeopardy. BECAUSE YOU HAVE TO TRY THAT
PERSON AGAIN.
- Only a judgment of conviction can be appealed.
ILANO VS. CA
- There was a time that the parents lived in Manila and in Guagua.
- For some time, they lived in Guagua.
- What about the Birth Certification? It was not signed by the
father. REGARDLESS, what made the Court appreciate it?
- Here there is a birth certificate introduced by the mother, not
signed by the father, HOWEVER, IT STILL HAS PROBATIVE
VALUE BECAUSE in the preparation (parent filled up the form),
he was the one WHO GAVE THE INFORMATION RELATIVE
FOR THE BIRTH OF THE CHILD which is the basis of the
preparation of the BC of the child.
- Why would you give those information? And why do you know
those information if you were not the father? Best friend? Hehe.
- What’s important for you to remember: THERE NEED NOT
EVEN BE A SIGNATURE OF THE FATHER IN THE BIRTH
CERTIFICATE. IF YOU PROVE THAT IN THE INFORMATION
SHEET THAT WAS GIVEN THAT WAS NEEDED FOR THE
PREPARATION OF THE BC, THE ALLEGED FATHER
INDICATED HIS NAME THERE AND PROVIDED THE OTHER
INFORMATION, then that constitutes recognition.
- He also provided them support. He showered the child with
financial help.
ALBERTO VS. CA
- The father was assassinated (Governor).
- Evidences introduced:
1. Use of surname.
2. Monetary support.
3. Relatives of the father introduced her as the child of the
alleged father.
- Child born out of parents who had no legal impediment to marry
during that time: NATURAL ILLEGITIMATE (Civil Code) of the
Governor and she is entitled to inherit in the estate of the
decedent.
GONO-JAVIER VS. CA
2 – BANTAY – PERSONS AND FAMILY RELATIONS 1 – FINALS – AUF SOL 2013
- What is the basis of the claim that they were entitled to
participate in the estate that is being settled? The widow of
Catalino alleged that there was a donation. There is a statement
in the Deed of Donation  “surviving spouse of my son (born out
of wedlock), who is her common law wife.”
- Can you consider this as sufficient evidence to establish filiation?
YES, IT IS A GOOD KIND OF EVIDENCE.
- Is the statement in the deed of donation sufficient? IS THAT
RECOGNITION?
- Deed of Donation is a public record, notarized document  Court
considered it of PROBATIVE VALUE.
-
Previous cases: mere letters of supplication are sufficient  authentic
writing (handwritten by the person itself).
GASPAY VS. CA
- The daughter is alleging that she is the illegitimate daughter 
born out of the illicit relationship of father and mother.
- EVIDENCE WAS SUFFICIENT: VOLUNTARY RECOGNI-TION.
- It’s a battle between the illegitimate child and between adopted
children, who enjoyed legitimate status.
- Who was given preference of the Court? ADOPTIVE CHILDREN
but they did not apply for administration  BY DEFAULT.
They should have done it as prescribed by the rules.
PERIDO VS. PERIDO
- Why were the 5 children considered to be LEGITIMATE and
entitled to inherit from these properties? The time when he
contracted the second marriage (presumably), he had no legal
impediment to do so.
- There is also evidence that the properties were EXCLUSIVE of
Lucio.
- ONCE THE WIFE OF THE FIRST MARRIAGE DIES, THE
HUSBAND BRINGS WITH HIM PROPERTIES IN THE SECOND
MARRIAGE. THE EXTENT OF THE ENTITLEMENT TO THE
PROPERTIES IS ONLY LIMITED TO WHAT HE BROUGHT TO
THE SECOND MARRIAGE.
- Is there mention of the properties acquired in the second
marriage? NONE. The only thing mentioned was that the first
wife died during the Spanish period. NO PROPERTIES WERE
MENTIOED DURING THE TIME OF THE FIRST MARRIAGE.
- The time he married the second wife and begot 5 children, THAT
WAS THE TIME HE ACQUIRED THE PROPERTIES.
- What is the right of the children of the first marriage? THEY ARE
LEGITIMATE. What is the extent of their right, HALF OF THE
SHARE OF THE FATHER.
All the properties were acquired during the time of the second marriage
so the children in the second marriage will get more. ONLY THE SHARE
OF THE FATHER (1/2) WILL GO TO THE CHILDREN OF THE FIRST
MARRIAGE).
DE LA PUERTA VS. CA
- Vicente was able to adopt CARMELITA.
- The properties were of Dominga (mother of Vicente).
- A person here is claiming to be the granddaughter of the
decedent (Dominga) vs. siblings of Vicente (children of
Dominga).
- Status of Carmelita: a SPURIOUS NATURAL child of Vicente.
- Can she inherit from her grandmother? NO.
- DOMINGA  VINCENT (Brother and sister)  CARMELITA.
- Why cannot Carmelita claim from Dominga? She cannot because
Dominga predeceased Vicente.
 - Vicente did not die before Dominga. Only legitimate descendants
can be entitled to inherit from her  SHE IS NOT A
GRANDCHILD, even more because she is a spurious natural
child.
- The Court did not remove the right of the estate of Vicente, but
removed the one from the estate of Dominga because the RIGHT
OF REPRESENTATION HAS NOT RISEN YET IN THIS CASE.
SHE HAS TO BE RECOGNIZED FIRST  barred to inherit from
the legitimate child of the parents.
- VICENTE WAS STILL ALIVE so Carmelita cannot claim from the
estate of DOMINGA  NOT AT THE TIME THAT THE ESTATE
OF DOMINGA WAS BEING SETTLED.
- There is a hindrance: a spurious natural child CANNOT INHERIT
FROM THE LEGITIMATE RELATIVE OF FATHER (brother,
sister).
- No more SUPRIOUS CHILDREN now. Only legitimate and
illegitimate (Family Code).
- You have to establish your status first  that’s why we have
these kinds of cases now.
- There is a barrier established by the law  she can inherit ONLY
FROM VICENTE.
- Adoption changes the status to LEGITIMATE.
- During the pendency, Vicente died, but the Court is yet to resolve
her entitlement to her claim of the estate of Dominga.
NOTE: What is severed is parental authority of the biological parents,
NOT THE SUCCESSIONAL RIGHTS. Adoptive children can inherit from
adoptive parents AND their biological child.
TAN VS. TROCIO
- Disciplinary case about TROCIO on the ground of gross
immorality.
- Mother is married to a foreigner and she was raped. Her husband
is Chinese.
- There is a physical likeness of Jewel and Trocio, NOT HER
HUSBAND  evidenced by pictures.
- She presented WITNESSES (maids).
- There is also an allegation of the deportation of the husband
(Chinese).
- Are the evidences sufficient?
1. Raped by Trocio.
2. The child she begot is a child of Trocio and not of the
husband.
3. There is inability of Trocio to support the child.
- THE CHILD WAS BORN WHEN THE MOTHER WAS LEGALLY
MARRIED WITH HER HUSBAND.
- Even if the wife here is claiming that she was raped, it does not
discount the fact that the husband had access to her when she
allegedly conceived the child  THEY WERE IN FACT LIVING
TOGETHER.
- What is the presumption? UNLESS THERE IS PHYSICAL
IMPOSSIBILITY OF ACCESS.
How do you prove physical impossibility?
MANGULABNAN VS. IAC
- Similar to the previous case, if you are spurious, you have to be
recognized first.
- Right to inherit  has to be established that you are a recognized
illegitimate child? BC, will, statement to the court, authentic
writing. CONNECTION to the antecedent.
- The problem arises when you are not recognized—that is the
time when you have to first establish your status.
In this particular case: SPURIOUS CHILD. You are entitled to participate,
but you have to establish first your status – NOT AUTOMATIC.
3 – BANTAY – PERSONS AND FAMILY RELATIONS 1 – FINALS – AUF SOL 2013
PEOPLE VS. RAFANAN
- She discovered that she was pregnant after being raped.
- She is claiming that the child is ILLEGITIMATE.
- The child was conceived on the first 180 days from the time that
the act was committed  the child is PRESUMED to be the child
of the alleged father.
- There is no marriage. We are not talking about the marriage. We
are talking about the time of the sexual act was committed  is
there are physical impossibility? They were living together in a
house.
- EVEN IF THEY WERE NOT MARRIED, THEY APPLIED THE
PARTICULAR PERIODS.
What are the rights of the legitimate children?
1. Right to inherit from the parents.
2. To use the surname of the legitimate father.
- NOW: the illegitimate child can follow the surname of the
father as long as the (1) father acknowledges and the (2)
mother consents to the use of the father’s surname in the
BC.
- It is possible that the child will use the name of the
mother, but he/she is still acknowledged by the father.
MOORE VS. REPUBLIC
- Petition for change in surname from VELARDE (legitimate father)
to MOORE (second husband).
- Will the marriage of your mother to another husband, will you be
allowed to change your surname?
- What is the rationale of prohibiting of the change of surname to
the second spouse? In order to avoid any confusion.
- What should have been done here? They should have just
ADOPTED the child, though the biological father’s consent is
required.
NALDOZA V. REPUBLIC
- Is that allowed? Can it be done? NO, it’s not sufficient as a
ground.
- The children are still minors.
- Change of surname  the VALID and compelling REASONS
THAT THE COURTS ACCEPTS THE PURPOSES OF SUCH
CASES.
Art. 166: physical impossibility of access (120 days of the 300 days
immediately proceeded the birth of the child).
ANDAL VS. MACARAIG
- The husband was abandoned by the mother and the brother.
- Court: if you are inflicted with TB, all the more you wanted to
have sexual intercourse because you are already lying in bed.
- The husband is not impotent  nothing prevents him to have
intercourse.
- “People will find a way.” 
- THE CHILD IS LEGITIMATE. Other facts are not of
consequence.
- There was no evidence introduced otherwise.
NOTE: Still, what can be conclusively proven is NOT BEING THE
FATHER. There is no conclusive test that will PROVE without any error
that the father is the father. There is still a margin of error.
MACADANDANG VS. CA
CHUA KENG GIAP VS. IAC
- You have here a woman married to someone, who bore a child,
AND WANTS THE CHILD TO BE ILLEGITIMATE – the son of - A child can only come from the womb of the mother who
another man. delivered her.
- The child was born 7 months after the consequence, yet the child - WHAT MOTHER WOULD DENY, UNLESS IT IS REALLY THE
was born full-term. TRUTH?
- But the son insistent  you failed once, you failed again.
NOTE: Filiation and paternity are issues for the rich. If the alleged father
is rich, then you will try to establish relationship.

LIM VS. IAC

- Is it sufficient? The record of the hospital of the birth of child? In

TAN VS. TROCIO fact the record of the hospital showed?
- It appears from the register records of the hospital at the time he
- It’s not the lawyer who has been the father because the mother is was allegedly born but of another parent. That the alleged mother
married with the Chinese. had not even entered the hospital when this child was allegedly
born.
Physical impossibility is NOT MERE SEPARATION. The impossibility - So she was relying in the record of the hospital  yet it still
must be proven. proved otherwise.

JAO VS. CA LABAGALA VS. SANTIAGO

- Is the TC correct? NO. The test is already conclusive as to non- - BC not signed  birth certificate of the child provided by the
paternity. Why will you still allow the other evidence when the respondent.
same already conclusively proves that he is not the father of the
child.
- What is the value of blood group testing test? The alleged
daughter or child, the father, and the mother. If it is negative, DE JESUS VS. DIZON
THAT IS CONCLUSIVE. But if they have the same blood type 
POSSIBILITY. INCONCLUSIVE. - We have children born of spouses within wedlock. On account of
- We are after the value of these tests. the affidavit by another man, he claimed that the same children
were his illegitimate child.
- Can this be done? NO. NO COLLATERAL ATTACKS.
- ONLY THE FATHER CAN IMPUGN LEGITIMACY, NOT THE
AMURAO VS. CA CHILDREN.
- Presumption of legitimacy OVER illegitimacy.
- If the test result is positive, the alleged father said he will admit - RATIONALE WHY IT IS ONLY FATHER TO IMPUGN THE
and will support the child. LEGITIMACY OF THE CHILDREN?
- RESULT: AMURAO IS A POSSIBLE FATHER.
- There is an agreement with the parties already, before the judge,
that we will abide the findings.
- IS HE BOUND BY THE DECISION OF THE TC BASED ON THE LIYAO VS. TANHOTI-LIYAO
RESULTS OF THE NBI WHEN HE AGREED TO SUCH.
- HE IS now BOUND. - Here the mother impugned the legitimacy of her child.
- HE VOLUNTARILY AGREED WITH THE RECOGNITION OF - The ridicule and the contempt of the scandal is the choice of the
THE CHILD WHEN HE SUBMITTED TO SUCH KIND father. Imagine, denying these children? WON he wants to keep
AGREEMENT  that, it’s his choice. It is personal to the father.
- He cannot later on withdraw or impugn  on account of that, it is
tantamount to a voluntary recognition.
What are the best evidences to prove filiation? Birth certificate, will,
statement, authentic writing (Art. 172).
LEE VS. CA
- The FC modifies.
- What happened when the mother died? It was then that it was - If you cannot produce those documents, you produce other
discovered that the father changed documents of the 8 evidences of (1) open and continuous possession, (2) any other
illegitimate children by the concubine. means allowed.
- Some of them were born of the year, and SO MANY
INCONSISTENCIES IN THE ENRIES. How can a woman give
birth to another after just how many months?
REYES VS. CA
- The action: correction of entry by the legitimate children to reflect
that the illegitimate children are children of their father and the
- What were the evidences introduced? BCs. What is wrong with
concubine.
them? One of them states the name of the father  BUT THE
- In the first place they are not IMPUGNING THE FILIATION TO
CHILD WAS NOT ACKNOWLEDGED BECAUSE THE FATHER
THE FATHER. So there is no need, because they are the child of
DID NOT SIGN IT.
the father by another woman.
- This is not the public document contemplated by law to
- Court: since the case has already been filed.
sufficiently establish paternity or filiation of the child.
- Other evidences: Certificate of Baptism, marriage contract,

4 – BANTAY – PERSONS AND FAMILY RELATIONS 1 – FINALS – AUF SOL 2013

 student record, pictures.
It depends on what you bring in the case. The Court will only address
issues presented before it.
CASTRO VS. CA
- She is asking to be recognized as a natural child.
- We have here a birth certificate that indicates the name of the
father as the father of child, but was not signed by the father.
- When you give information, you are provided a LOOSE SHEET.
Then on the bottom portion, name of informant (father). Ideally,
what is written there will be transferred to the birth certificate and
BE SIGNED BY THE M & F. in this case the father did not sign.
- IN THE LOOSE SHEET HE VOLUNTEERED HIMSELF TO BE
THE FATHER OF THE CHILD  already sufficient.
The loose sheet is considered a public document, as part of the birth
certificate, recognizing filiation. It is extraneous to the document itself,
but it is the BASIS of the information inputted in the BC.
MENDOZA VS. IAC
- We go back in the CC: NATURAL and SPURIOUS.
- The status of the child is claiming to prove as a NATURAL CHILD
because she wants to establish her child.
- A natural child CANNOT INHERIT UNLESS RECOGNIZED.
- In the absence of recognition, you have to establish first your
filiation. To prove her status, what evidence did she provide?
ONLY BAPTISMAL CERTIFICATE.
The Court admonished the parties, the party should have introduced
OTHER EVIDENCE OF ENJOYMENT OF OPEN AND CONTINUOUS
POSSESSION, etc.
RAMOS VS. RAMOS
- There was already a previous case  RES JUDICATA, can no
longer be adjudicated.
CONCERN: a final judgment IS ALREADY BINDING AS TO THE
STATUS OF THE CHILDREN.
LIM VS. CA
- SIGNED PUBLIC DOCUMENT: WHAT SHOULD BE THE
NATURE FOR IT TO CONSTITUTE FILIATION?
- THE CONSENT IN THE MARRIAGE CERTIFICATE? Is it a
contemplated public document to be sufficient to establish the
filiation of the child? NO.
- Why not? What constitutes a public document? (1) executed by
the private document  notarized (2) issued by competent public
officials by reason of their office.
- EXPRESS, PRECISE, SOLEMN (appeared before a notary
public, solemnizing officer, authorize to solemnize an oath.
- MC  only a declaration of the parties that they take each other
as H & W.
BANAS VS. BANAS
- Why is R claiming to be the child of Bibiano? What is the
interest? PROPERTY AGAIN. Right to inherit.
- WAS HE ABLE TO PROVE? What were the evidences?
5 – BANTAY – PERSONS AND FAMILY RELATIONS 1 – FINALS – AUF SOL 2013
- What was the note about? A HANDWRITTEN PRIVATE
INSTRUMENT.
- He closed the letter with “su padre”  “your father”.
- THERE WAS NO EVIDENCE TO PROVE THAT IT WAS
AUTHENTIC! There was no link that b was the one who wrote
them.
IN RE: CHRISTENSEN
- There was a time when Edward started to disinherit her  BUT
PRIOR TO THAT, SHE WAS IN OPEN AND CONTINUOUS
POSSESSION of a status of a recognized child.
MENDOZA VS. CA
- Teopista claimed to be the illegitimate daughter of Casimiro.
- But Teopista here never lived with Casimiro. We have all these
pieces of evidences (supported, introduced, enjoyed the status of
an illegitimate child -- open and continuous).
- BUT SHE WAS NEVER OPENLY ACKNOWLEDGED BY
CASIMIRO. THE FACT REMAINS THAT SHE HAS NEVER
GONE TO THE HOUSE.
- Was she recognized by Casimiro as an illegitimate daughter?
NO. WHY NOT? What is the requirement of the law?
REQUIREMENT: Continuous and NOT INTERMITENT, and must
be openly AND NOT HIDDEN on the part of the putative father.
- OPENLY HELD to be a daughter.
- Even if the father supported her, gave her money, but was it
open? ONLY TO THE PEOPLE WHO KNEW but NOT TO THE
PUBLIC.
- Recognition required must be 1) continuous and 2) open and not
concealed.
- HOWEVER, SHE WAS STILL CONSIDERED AS AN
ILLEGITIMATE DAUGHTER OF CASIMIRO.
- In this case, the Court recognized another mode of filiation.
- To what effect is the testimony given by GAUDENCIO and to
what credence did the Court find it to declare that Teopista.
- DECLARATIONS BY INDIVIDUALS who have no interest at all,
AND EVEN BEFORE HE CASE WAS FILED (Sec. 39, Rules of
Court).
- ALL THE ELEMENTS REQUIRED BY THIS PROVISION OF
THE RULES ARE PRESENT – declaration made by a person
regarding another (statement, written document) made prior to
the filing or pendency of the case establishing the filiation
between person 1 and person 2 may be given relevance by the
Court.
- Such statement must be accompanied by other pieces of
evidence (testimony of support, recognized).
NOTE: TO COLLABORATE (to work); TO CORROBORATE (to affirm).
Although her status as illegitimate child by introducing evidence that she
enjoyed open and continuous (concealed; the insiders only knew)
however by some stroke of luck by the petitioner, the Court zeroed in on
this declaration on PEDIGREE/relationship which can establish filiation if
corroborated by other pieces of evidence that will establish the relation of
the daughter and putative father. ANOTHER MODE OF ESTABLISHING
FILIATION.
ILLEGITIMATE CHILDREN:
1. Born out of wedlock.
2. From marriages which are incestuous or contrary to public policy.
Rights of legitimate children:
1. To use of the surname of the father.
2. Entitlement of support.
 3. Right to inherit: parents, ascendants, collateral relatives. filiation, it is already too late.
- RATIONALE: for the father to have the opportunity to contest.
Rights of illegitimate children: How can you do so when you’re already dead? It is unfair that
only the child can produce evidence.
- Via GUARDIAN: 4 years from the death of the putative parent.
1. To use the surname of the mother, OR THE FATHER’S, with his
- PRESCIPTION HAS ALREADY SET IN. He failed to file 4 years
and the mother’s consent. after attainment of majority or 4 years after the death of the father
2. Support from father and mother, but not the relations of the via guardian.
illegitimate father.
3. Inherit from the father but is barred from inheriting from the Rule on prescription is very important. Certain causes of actions have
legitimate relations of the father. duration. You do not have perpetual rights (prescriptive) and they are
bound by prescription.

IN MATTER: LATE JUAN LOCSIN, SR. – DISCREPANCIES

BETWEEN DOCUMENTS (2001).
- Inheritance again.
- Juan Locson, Sr. here is childless and not married.
- Why is the mother filing? She wants to be appointed as the
administrator of the late Juan.
- Sisters are opposing. Why? If the person is childless and
unmarried, the heirs are the collateral relatives (brothers and
sisters).
o If there is a son or daughter, B and S lose their rights.
o If this child will be recognized, they would lose their right
to participate.
- Evidences:
1. BC 1: introduced by Jr. – secured from Local Civil
Registry.
o Father was the INFORMANT, as evidenced by his
signatures.
o Pictures that they are standing beside the coffin.
2. BC 2: secured by the National Civil Registry (NSO) which
do not indicate who the father is.
- Which should prevail in cases of discrepancy? The one from the
NATIONAL office.
- It follows that the NATIONAL AND LOCAL must be the same.
- Disunuation (?) of the Court that since it is easier to talk to people
in the LCR, they give more importance and value to the
document produced by NSO.
- Record of birth (live birth) found in the local civil registry and the
national, the national controls.
- NOW: system is computerized and link with the NBI and the US
embassy.
- That is why Court proceedings always required a presentation of
the secured copy from the NSO, NOT FROM THE CIVIL
REGISTRY.
DE ALBERTO VS. CA
- It turned sour when the father married somebody else, but the
support continued.
- On what basis for the reversal?
- We have here a natural child (illegitimate) born of parents not
married with each other, acknowledged, supported, but father
married someone else.
- Problem is that in the estate, he was not included because he
has not yet established his status.
- Was he recognized? NOT JUST FILIATION, BUT
RECOGNITION.
- If illegitimate, filiation is not enough and there is a need to
establish that you are recognized.
- NOT RECOGNIZED. Why? What was the evidence?
1. BC not signed by the alleged father. BC is not competent
evidence of authority.
2. NEVERTHELESS, even assuming that there are other
evidences.
- PRESCIPTION: Civil Code: if the parent dies, and the child is still
in his minority (until 4 years from the attainment of majority).
- Why did prescription set in this case? THE COMPLAINT WAS 11
YEARS TOO LATE.
- UNFORTUNATELY for him, if he has evidence to establish is
BALUYUT VS. BALUYUT
- Action for compulsory recognition.
- TWO TYPES OF RECOGNITION:
1. Voluntary: BC, will, statement in a court proceeding,
authentic writing, final judgment of the court.
2. Compulsory.
- They filed a case to COMPEL that they be recognized as
illegitimate spurious children.
- Can they compel the Court to order the father to recognize them?
NO.
- If you file a case for compulsory recognition, it means that you
are not voluntarily recognized and that you did not have the
written evidences. What do you prove? Child because of rape,
seduction, etc.
- When it comes to compulsory recognition, when you are
compelling the Court to ORDER, the quantum of evidence IS
STRICTER THAT VOLUNTARY RECOGNITION.
- The court has to be mindful.
- Did it satisfy the strict requirement of proving relation? NO.
- What are these pieces of evidence being introduced? SELF-
SERVING EVIDENCES. Of course, all evidence that will support
your claim.
Appreciation of evidence for compulsory recognition, the court must be
strict  also in the application of the law.
PATERNO VS. PATERNO
- 2 issues: 1) Illegitimate children able to establish filiation? YES.
2) Was the action timely filed? YES.
- How were they able to establish such? CORROBORATIVE
TESTIMONY.
o Lived together one compound: mixed  legitimate and
illegitimate.
- There is convincing evidence that they are recognized illegitimate
children.
- You have to file it during the lifetime. If he died, what is the time
the children or guardian can file it? 4 years after attainment of
majority or the guardian 4 years from the death of the putative
parent.
- HERE, TIMELY FILED.
- Your right to inherit and to participate in your parents is a natural
and legal right. You need not prove your relation. If you
illegitimate, you need to PROVE your filiation to participate.
- How do you prove? RECOGNITION (voluntary, compulsory).
1. Recognized public.
2. Supported through a relative.
3. All of them mingled in one compound (at one time)
4. No intention to conceal them.
DE LA PUERTA VS. CA
- 3 siblings, Vicente, Isabela and Alfredo all claiming to be the
heirs of their mother.

6 – BANTAY – PERSONS AND FAMILY RELATIONS 1 – FINALS – AUF SOL 2013

 - The court said, there is no question about the fact of adoption.
- Carmelita wanted to participate in the settlement of the estate of
the father.
- Was she recognized? YES, by Vicente. Initially acknowledged
child, thereby making her as illegitimate.
- Entitled to inherit from the estate of the grandmother? NO.
1. The difference between a legitimate child (can inherit
from ascendants and brothers and sisters) and an
adopted child (cannot).
2. Vicente died first and there cannot be any right of
representation.
o If Vicente died first, then she can represent him. But
in this case, the grandmother died before the father.
So there cannot be any right from representation.
- If she is illegitimate, can she inherit? NO. BARRED. Cannot
inherit from the legitimate family of the parent.
RODRIGUEZ VS. CA – can a mother testify?
- Testimony of the mother and was asked to testify in court (art.
280 of the CC prohibits such kind of testimony).
- COMPULSORY RECOGNITION  280 applies only during
voluntary recognition. If it is compulsory, PWEDE.
BERNABE VS. ALEJO – IMPAIREMENT OF VESTED RIGHTS.
- She filed to be acknowledged, to participate.
- Ernestina, legitimate child, said she cannot.
- Civil Code (when can the petitioner who is trying to establish file
the case? Lifetime of the putative parent, death of the father [4
years after attainment of majority; 4 years from the death of the
putative parent if with guardian]) VS. FC (only during the lifetime).
- VESTED RIGHT. NO RETROACTIVE EFFECT.
Application of the retroactive provisions? NO.
RA 8369 – establishment of family courts.
RA 8552 – domestic adoption act of 1998.
RA 8043 – inter-country adoption of Filipino children. ss
Adoption – process of making a child as one’s own.
- Born out of the desire of the person to establish filiation (natural
or by legal fiction [adoption]).
- Can an alien adopt? HE CANNOT, except:
th
1. Former Filipino seeking to adopt a relative (4
consanguinity).
2. Legitimate child of the Filipina; seeks to adopt jointly.
- How do you reconcile with the domestic Adoption Act (RA 8552)?
- Any Filipino citizen can adopt (legal age, possess qualification
and does not possess the disqualification, financially
psychologically [psychological evaluation, good moral character]
physically [medical capacity of fitness to adopt] capable).
- WHY ADOPT? For the best interest of the child to be adopted.
- Psychological and physical certification of the parents AND THE
CHILD.
- Social worker to make a home and child study to report  social
worker.
- What about children brought to you? CONSENT OF THE
(biological) PARENT of the child, children (above 10 years old) of
the biological and adopting parent.
- ABANDONED CHILDREN, foundling  DSWD.
7 – BANTAY – PERSONS AND FAMILY RELATIONS 1 – FINALS – AUF SOL 2013
- “Simulated birth” – alleging that you gave birth (kumadrona,
hospital)  forgery or falsification.
- DSWD National Office: certificate of fitness of a child to be
adopted.
Capacity of an alien to adopt. Can an alien adopt?
RA 8552: Domestic Adoption Act of 1998.
- An alien CAN also adopt, generally.
- Has the same requirements for the Filipino who is adopting.
- MEANWHILE, in Family Code, there is Art. 184 (general rule:
NON-CAPACITY to adopt).
- When can an alien now adopt based on the FC? Par. 3, Art. 184.
- Which should prevail? RA or FC? These are two conflicting laws.
- For quite some time, there has been no resolution, considering
they are conflicting as regards to the capacity of an alien to
adopt.
REPUBLIC VS. TOLEDANO
- Even if it does not say that the Family Code repealed or
amended the Domestic Adoption Act, it still means that the
Family Code PREVAILS.
- They had a favourable recommendation from the social worker.
- THE STATE IS OPPOSING THE ADOPTION (petitioner:
Republic).
- Almost all family cases require the representation of the State
by the Office of the Solicitor General.
- Can the spouses adopt? NO.
- DOMESTIC ADOPTION ACT:
1. Same qualifications as Filipino.
2. Country has diplomatic relations with the PH.
3. Has been living in the PH 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.
- May be waived if:
th
a. A former Filipino citizen (4 degree of consanguity),
b. One who seeks to adopt the legitimate son/daughter of
his/her wife/husband.
c. Who married a Filipino and seeks to adopt jointly.
4. Have legal capacity and can take the child to the country
he is from.
o Why is this required? THE CHILD WE BE LEFT
BEHIND.
- Usually, foreigner who adopt, they are usually married to Filipina
so they are qualified. Usually they adopt a relative of the Filipina
wife.
- What is the foreigner is single? Not married to Filipina? YES,
under RA 8552.
- Art. 185: JOINT ADOPTION AS LONG AS THEY ARE
MARRIED, except if there is already a legal separation, and one
of them can legally adopt.
- If an alien is not qualified to adopt (does not fall under the
exceptions)  inter-country adoption.
o Most aliens do not want that because it is tedious and
THEY CANNOT SELECT THE CHILD. The board pre-
selects the child (matching process).
o Why is this? International treaty on trafficking of the
children which the RP is a signatory. ‘
- Disqualifies the Clouse spouses from adopting because they do
not fall in the FC. They have to go through the process of inter-
country adoption.
- REMEMBER: adoption is always for the best interest of the child
to be adopted. Once all the requirements have been proven, the
Court will grant it all for the best interest of the child.
- Easy process but requires a lot of paperwork. Once you’ve done
one, it’s the same. In adoption, there is no opposition. If the
biological parents are present and gave their consent, there will
be no problem.
- It becomes more tedious when the child is abandoned
 (foundling).
- Who may be adopted? (sec. 8)
1. Any person below 18 years of age who has been
voluntarily committed to the DSWD under PD 603 or
judicially declared available for adoption.
2. Legitimate child of the other spouse.
3. Illegitimate child of a qualified adopted to improve the
child’s status.
4. A person of legal age when consistently considered by
the adopted as his/her own child since minority.
5. Child whose adoption has been previously rescinded.
6. Child whose biological parents died  not earlier than 6
months since death.
LAZATIN VS. CAMPOS
- Parties trying to prove that the child is an adopted child.
- THE LEGAL FILIATION CREATED BY ADOPTION rises only
after the judicial proceedings had been finalized.
o There is a decree of adoption by the court.
- Is not created by enjoyment adoption status.
- One cannot presume adoption. It has to be proved by the decree
of adoption.
- Although adoption proceedings are confidential in character.
Why? For the protection of the adopted child. Usually only the
lawyers are left.
CERVANTES VS. FAJARDO
- In fact in some courts, some Judges require the presence of the
biological parents. Some allow only the affidavit of consent of the
parents.
- The environment of the child will not be good if she stays with the
biological parents.
- THERE IS ALREADY A DECREE OF ADOPTION  parental
authority has been SEVERED.
o It created a legal filiation of the parent-child relationship
so they have the right over the child, not the biological
mother.
- The adopting parents have the rightful parental authority of the
child.
- QUESTION: can you sue the biological mother for kidnapping?
YES. Serious illegal detention of a minor.
- The biological mother HAS LOST PARENTAL AUTHORITY
OVER THE CHILD. Hindi na siya ang parent.
- Now if you are married and estranged t each other, your husband
took your child, can you sue our husband? No, you exercise joint
parental authority.
o You file a petition for habeas corpus with custody.
- The order is published in a newspaper once a week for three
consecutive weeks  all jurisdictional hearing will be checked.
- Essential part of the first part: PUBLIC ANNOUNCEMENT.
REPUBLIC VS. CA & BOBILES
- The wife filed the petition of the adoption. Is the husband aware?
YES but he did not join.
- So what did he secure from him? Affidavit of consent.
- When this case was filed, the PD 603: Child and Youth Welfare
Code was prevailing.
- A supervening event: on appeal, the Family Code took effect,
requiring joint adoption.
- The better rule is the one enunciated in the FC.
o Result wanted to be avoided, thus such provision in the
FC: one child is a child of the other, the other not.
o Mere consent given by the other spouse does not mean
you are adopting the child  now, joint adoption.
- BUT Art. 185 is REMEDIAL  must not be given retroactive
8 – BANTAY – PERSONS AND FAMILY RELATIONS 1 – FINALS – AUF SOL 2013
effect. The wife had a vested right.
- Is there a limit on how many you can adopt? NONE. AS long as
you comply and show that you are capacitated.
There is also no limit that only one child can be adopted in one
proceeding.
LANDINGIN VS. REPUBLIC
- Requirement of the consent of the biological parent.
- Issue: is it an indispensable requirement for the consent of the
natural biological parent to be secured. WHY? What interest is
going to be presented?
- What if you can’t find the biological parents? What is the
rationale? To protect the natural parental relation from
interference and to safeguard the interest of the child.
SUPPORT: everything indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation in keeping with the
financial capacity of the family (Art. 194).
- Even after you retain the age of majority (very Asian).
- Western: after 18, parents do not have the responsibility to even
put them to school.
- Who are obliged to give support? (Art. 195).
1. The spouses;
2. Legitimate ascendants and descendants;
3. Parents and their legitimate children and the legitimate
and illegitimate children of the latter;
4. Parents and their illegitimate children and the legitimate
and illegitimate children of the latter; and
5. Legitimate brothers and sisters, whether of full or half-
blood
- Cases for support are only for the rich!
- THINGS YOU NEED TO REMEMBER IN SUPPORT CASES:
1. LAM VS. CHUA [G.R. No. 131286. March 18, 2004]: a
judgment on support is NEVER FINAL  provisional in
character. Why? Because the needs of the child
CHANGES. Maybe during the time you filed the petition,
the child only needed P20k. but if he grows up, the
amount will change.
o You go back to the court for a claim for an
increase.
o Principle of res judicata does not apply.
2. How does the Court award the amount? How does the
court determine? The Court has to balance the
CAPACITY OF THE PARENTS and THE NEEDS OF
THE CHILD.
o Child needs P30k, but the father earns
P7k/month: impossibility.
o You have to leave within the means of the father.
o MOTHERS SHOULD ALSO SUPPORT THE
CHILD.
- There is no hard and fast rule.
- No two cases are alike.
- Children can also support parents (ascendants and
descendants).
- How to provide support?
1. You give the money
2. Or you can take the person to your house, without
necessarily giving the child monetary support. EXCEPT, if
there are moral impediments.
- Keep a RECORD of the support GIVEN. Best way: ATM
ACCOUNT (bank record, depositing it on a periodic basis).

PARENTAL AUTHORITY: BOTH A RIGHT AND A DUTY.
- The sum total of the right of the parents over the persons and
property of their unemancipated children.
- Art. 209: 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, mental and physical character and
well-being.
- Characteristics:
1. Authority of the parent with the child – cannot be
renounced of transferred, assign, alienate (Art.210).
2. Joint exercise of parental authority (Art. 210, par. 1).
3. Parent present shall continue exercising parental
authority in case of absence or death (Art. 212).
4. Art. 213, if separated – by court judgment.
5. Art. 214: principle of substitute parental authority 
surviving grandparents. If many, the one chosen by the
Court.
o Best interest of the child.
6. Art. 216: order: of the exercise substitute parental
authority
a. The surviving grandparent, as provided in Art.
214;
b. The oldest brother or sister, over twenty-one
years of age, unless unfit or disqualified; and
c. The child's actual custodian, over twenty-one
years of age, unless unfit or disqualified.
- Grounds for terminating parental authority (permanent [Art. 228,
232] or temporary [Art. 229]):
- PERMANENT:
Art. 228. Parental authority terminates permanently:
1. Upon the death of the parents;
2. Upon the death of the child; or
3. Upon emancipation of the child. (327a)
Art. 232. If the person exercising parental authority has
subjected the child or allowed him to be subjected to sexual
abuse, such person shall be permanently deprived by the
court of such authority.
- TEMPORARY:
Art. 230. 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 authority is
automatically reinstated upon service of the penalty or upon
pardon or amnesty of the offender. (330a)
Art. 231. 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;
2. Gives the child corrupting orders, counsel or example;
3. Compels the child to beg; or
4. Subjects the child or allows him to be subjected to acts
of lasciviousness.
The grounds enumerated above are deemed to include cases
which have resulted from culpable negligence of the parent or
the person exercising parental authority.
If the degree of seriousness so warrants, or the welfare of the
child so demands, the court shall deprive the guilty party of
parental authority or adopt such other measures as may be
proper under the circumstances.
The suspension or deprivation may be revoked and the
parental authority revived in a case filed for the purpose or in
9 – BANTAY – PERSONS AND FAMILY RELATIONS 1 – FINALS – AUF SOL 2013
the same proceeding if the court finds that the cause therefor
has ceased and will not be repeated. (33a)
SPECIAL CASE NOT INCLUDED IN THE SYLLABUS: Which Court has
authority to issue a writ of habeas corpus (all of them: RTC, CA, SC).
- Where do you go? RTC where you reside.
- Purpose of the writ of habeas corpus: to produce the person.
PROBLEM: only enforceable on territorial jurisdiction.
- Cure / relief / always been available: CA and SC have concurrent
jurisdiction.
o Advantage: enforceable in the entire Philippines.
HONTIVEROS VS. IAC: IMPORTANT! 
- HIGHLIGHT: Issue of who is entitled to the custody of a child
below 7 years of age? MOTHER (art. 363), UNLESS there are
compelling reasons to deprive the mother over custody of the
child.
o Example of reasons: does not work well for the child,
traumatic.
- RULE: Child 7 and below  MOTHER.
UNSON VS. JAVIER
- If custody will be given to the mother, it will not be the best
interest for the child. WHY? UNWHOLESOME AND IMMORAL
environment.
TONOG VS. CA
- If the child is illegitimate, who will exercise parental authority?
- To the father  temporary, YES. On what grounds? The child
lived with him for most of the child’s life.
- If the child has lived with the father for a long time, even if below
7 years  will not work best for the child to be separated from
people he has developed a close attachment.
- QUESTION: in cases of an illegitimate child, who exercises
EXCLUSIVE parental authority and therefore, right to custody?
MOTHER (Art. 176).
o Can a father file a case? NO.
o The law does not create a right from the father. The only
right for the father DEPENDS on the kindness and
liberality of the mother.
o Consequence of acknowledging the child  CREATES
AN OBLIGATION, not a right to custody, even temporary.
o What to do: DO NOT ACKNOWLEDGE. Let the mother
ASK. Use it as leverage 
SPECIAL PARENTAL AUTHORITY (Art. 218, 219):
- Example: when your child is attending a school and as long as
he/she is there  teachers, administrators.
- Relevance of this concept? If the child commits quasi-delict or
injures another person while in the school and under their special
parental authority, the school is PRINCIPALLY/DIRECTLY
LIABLE FOR THE DAMAGE. Parents are only SUBSIDIARY
LIABLE.
- Instance: child causes an injury to another person. What if your
child who was injured/died? Can they be held liable?
ST. FRANCIS ACADEMY VS. CA
 - Can the school be held liable in the death of the child in this
case? NO.
o Why not? Teachers are not in their assigned task. This is
not an officially sanctioned by the school. It is a private
outing by the teachers.
- It would have been a different thing when this activity is
sanctioned. That is the only time the special parental authority of
the school will apply.
- If the school is not held liable, can the teachers be held liable?
Where the teachers made liable for the death of the child? NO.
No negligence on the part of the teachers.
- It’s a question of special parental authority.
- Waivers are considered valid 
- You waive your right for the institution to be liable for any
unfortunate instances.
SPECIAL PARETAL AUTHORITY – authority exercised by schools,
administrators and teachers.
- It is exercised simultaneously with the authority of the parent.
- Unlike on the absence of both parents, there is SUBSTITUTE
parental authority.
- Here, the authority of the parents still exists, but TEMPORARILY,
there is special PA being exercised.
- WHY? Because the child is under the supervision and custody of
the school.
o Special requirement of this Special PA is that the child
and the person must be performing activities endorsed,
approved, or supervised by the school.
ST. FRANCIS ACADEMY VS. CA
- The child drowned and the parents want the children to be
negligible for failure to exercise degree of care.
- The school is NOT liable: activity is not sanctioned by the school.
- The activity was not supervised by the school.
- Teachers are also NOT liable.
SALVOSA VS. IAC
- Does damage attach with liability?
- The victim is a student, and the accused as well.
- It was a shooting incident, both of them being students.
- SCHOOL NOT LIABLE.
- The shooting happened during the dismissal time.
- Students have no business in the school once dismissed.
- The supervision and administration of the school end at the time
your classes end.
- In this case, what is the rationale of the non-awarding of
damages of the Court? Accused was not performing school-
related functions, not engaged in the activity supervised or
sanctioned by the school.
- If you have classes from 8AM to 12NN, clearly you have
supervision of the school. But once dismissed, you should go
home. If you linger and something bad happens, the liability of
the school ends.
- If it is an outing or a tour that you joined, even if you are not
officially under school time, and an injury was caused by another
student  cause of action for the filing of a case for damages
arises.
PSBA VS. CA
- Here, the offending party is not even a student/teacher/ employee
of the school.
10 – BANTAY – PERSONS AND FAMILY RELATIONS 1 – FINALS – AUF SOL 2013
- You study at U Belt at your own risk? 
- Can the school be held liable, principally and directly caused to
the victim? NO. There was no evidence that the school was able
to exercise their duty over one who causes an injury.
- RATIONALE: they don’t exercise any authority over the
OFFENDING party. He is not the student of the school.
- SPA arises only if the offending party is under the custody of the
school.
- HOWEVER, that being said, there might still be a breach of
contract. It is not a tort case, but rather this could be a case
arising liability because every student presumed to be secured
and is safe when inside the school.
- It is the obligation of the school  REMANDED.
- Is there a breach of contractual obligation? Was the school
liable? TC has to determine.
- There was failure in the part of the complainants to establish
negligence on the part of the school in observing contractual
obligations.
- Nonetheless, nothing like that was introduced.
- What the Court is saying, you are relying in a cause of action on
SPA. You should have proved breach of contractual obligation of
providing that security to student while inside the school
premises.
LIBI VS. IAC
- It’s the parents of the girl suing the parents of the guy for
damages on account to failure to exercise parental authority.
- Are they liable? YES.
- Children under the parental authority of parents and their
damages they make, makes the parent liable.
- There must be a showing of an exercise of due diligence.
- There was failure in the part of the parents that they exercised
due diligence in exercising supervision of the child.
- How can a child get possession of a gun in the first place?
- Liability of a parent is DIRECT and PRINCIPAL.
NOTE: School: Invoking a school’s SPA makes the school principally
liable for damages.
- The parents only have SUBSIDIARY liability, once the school
cannot pay.
1. Arises only when you cannot collect from the party
PRINCIPPALLY involved.
- SPA takes precedence over PA of the parent in this case
because the child is in custody of the school.
- The liability of the parents will only rise if you cannot collect
anything from the school.
LUNA VS. IAC
- The principle of best interest for the child.
- Who has the right for custody?
- You can disregard the parental authority of the parents over the
best interest of the child.
- There were protestations of the child, if there is a declaration
made by the child of her choice  dangerous ruling.
- Is there any OTHER compelling reason other than the threat of
the child to commit suicide in this case?
PINEDA VS. CA
- In this case, this is a requirement of putting up of a bond.
- Parents being the legal guardian  if children have properties
under their name that is higher than 50k or more, the parents
must put up a bond.
 1. 10% of the value of the property.
- To ensure that administration will be proper.
LINDAIN VS. CA
- Can a guardian, exercising parental authority over the child, sell a
child’s property without the consent of the child?
- It is common to some parents to give properties to minors. The
law allows the registration of minors as owners of the land.
Minors do not have legal capacity.
- So the properties of the minor under the direct custody and
supervision of the parents.
- The mother sold the property.
- The distinction in being a LEGAL GUARDIAN and a JUDICIAL
GUARDIAN when it comes to the disposition of properties of the
minors.
- Being a parent does not immediately vest you as a judicial
guardian  they can encumber the properties without seeking
court approval.
- But there are guidelines required upon being vested with judicial
guardianship.
- The transaction is void if you do not have court’s approval 
legal guardianship only.
- Once the property is registered in the name of the children, you
cannot dispose them, as parents.
- Spouses cannot donate with each other, so they just register in
the name of their children.
- The children themselves can question the nature of the sale once
they reach majority age  that they did not benefit from the sale
of the properties.
ST. MARY’S ACADEMY VS. CAPISTRANOS
- Was the school negligent? NO. The owner IS.
- There is no action in the part of the school that will attribute the
direct and proximate cause of the injury of the offended party.
- Who caused the damage or injury of the victim? OWNER.
Similar to a case for support, what are the principles that you have to
remember PA and custody?
- Parents exercise joint custody over the child.
- SOLE CUSTODY: cases for the rich.
- Professionally, Professor: does not handle custody cases  it is
the battle of the lack of common sense, each trying to overpower
the other, imposing one’s ego without taking into consideration
with the situation of the child.
- If illegitimate, MOTHER HAS ABSOLUTE CUSTODY of the child.
The father has no right.
1. If acknowledge, father can only have visitation rights.
- LEGAL SEPARATION: it is not ministerial for the Court to follow
such rules  there is no hard and fast one.
1. PRESUMPTION: to the mother.
2. Evidence: compelling reasons to deprive the mother of
the custody of the child.
ESPIRITU VS. CA
- What does the Court take into consideration when it determines
on which parents they will award the custody of the children?
BEST INTEREST OF THE CHILD.
- Physical, social, educational, moral wellbeing of the child 
resources of the parents.
- It all lies on the discretion of the judge based on the evidences
presented.
11 – BANTAY – PERSONS AND FAMILY RELATIONS 1 – FINALS – AUF SOL 2013
- The mother can be deprived of right of custody for compelling
reasons.
- What the courts should consider: PRINCIPLE OF BEST
INTEREST OF THE CHILD.
Like support, a finding of right to custody is NEVER FINAL. Why?
Because circumstances change. It depends on the circumstances. What
if the person awarded custody become insane, has been found to have
inflicted physical injuries to the children?
TONOG VS. CA
- Below seven.
- Evidence is allowed to present to rebut the presumption.
- EXAMPLES of compelling reason:
1. Adultery.
2. Penalty of imprisonment.
3. Divorce decree.
4. Moral dereliction.
5. Habitual drunkenness.
6. Abandonment, neglect.
7. Unemployment.
8. Drug addiction.
9. Maltreatment.
10. Infliction of incommunicable disease.
DEMSEY VS. RTC
- Whether above 7 years old, or below 7, still the BEST INTEREST
of the child.
- It does not follow that below 7 years old, the mother will have
custody.
- If the child can choose between the parents, the Court will
respect that.
o It’s still the child’s decision. Unless the other parent is too
dominant, or the child has been brainwashed.
- A JUDGMENT OF CUSTODY IS NEVER FINAL.
For example, you are baptized, is that required to be brought to the Civil
Registry?
Article 408. The following shall be entered in the civil
register: (1) Births; (2) marriages; (3) deaths; (4) legal
separations; (5) annulments of marriage; (6) judgments
declaring marriages void from the beginning; (7)
legitimations; (8) adoptions; (9) acknowledgments of natural
children; (10) naturalization; (11) loss, or (12) recovery of
citizenship; (13) civil interdiction; (14) judicial determination
of filiation; (15) voluntary emancipation of a minor; and (16)
changes of name.
- In any document, please write your complete name: as reflected
in your certificate of live birth.
- Please give your children names that are easy.
- CORRECTION of an erroneous entry.
- CHANGE: from Robert to John.
- IMPORTANT: acceptable grounds for changing names.
RA 9048: more recent law (typographical correction of entries) – clerical
errors (‘Mario’ to ‘Maria’).
- As long as it does not affect the status of the person  legitimate
to illegitimate.
- Declaration in the certificate of live birth that parents are married,
when they are not  ADVERSARIAL PROCEEDINGS.
 - This is intended to de-clog the Courts of all correction of entry
cases  even if SIMPLE CORRECTION from any changes in the
certificate of live birth.
o You have to go to court because there is a change in
status.
- If it is a mere clerical correction of entry  local civil registry can
evaluate your appeal.
o If they say it does not fall under the law allowing them to
make corrections but themselves, you would have to go
to Court!
- CHARGE: simulation of a fake certificate of live birth.
PETITION TO CORRECTION OF ENTRY IN THE CIVIL REGISTRY:
- Only pertains to clerical and typographical error in the name,
spelling of the date of birth, etc.
- But a change in the year of birth is not a typographical error.
Why? It might change your status.
REPUBLIC VS. SAYO – correction of nationality.
- There is an allegation by the Petitioner State here that there is no
compliance in the adversarial procedure.
o Cannot be done through a summary proceeding.
o NOW, no more summary proceedings. All clerical errors
go through the Civil Registry.
- Was there compliance in the procedure? YES. There were
publications and the appropriate parties were informed.
- When you file a correction, what takes place?
1. You allege the changes you would want to have.
2. Court receives the petition.
3. Court prepares an order (put the allegation)  let this
order be published in a newspaper of national circulation.
o Inform National/Local Civil Registrar, mother,
father, OSG.
o They are given the opportunity to CONTEST the
proceedings.
o In that order, the Court announces when the initial
hearing will take place. Anyone who receives the
copy, or who has read the publication can go to
Court and raise an objection if they have.
o BECOMES ADVERSARIAL IN CHARACTER:
allowed interested parties to oppose the petition.
- NOTE: not adversarial, but summary, when the ONLY party
notified is the OSG.
REPUBLIC VS. VALENCIA
- It is an ADVERSARIAL PROCEEDING.
- Appropriate parties were notified.
REPUBLIC VS. MARCOS – aliases must be included.
- Who filed the petition? THE MOTHER.
- What is her prayer: for her child to use the name of Mother’s
husband (De la Cruz).
- What did the mother want to correct? CHANGE OF NAME.
- REASON: her daughter grew up with the husband.
- Can someone file a petition on one’s behalf, asking for a change
or correction of entry in the record of birth?
- The TC was not correct.
o The reason/ground for change of name is not within the
considered valid grounds (jurisprudential).
a. When the name is ridiculous, dishonourable, or
12 – BANTAY – PERSONS AND FAMILY RELATIONS 1 – FINALS – AUF SOL 2013
extremely difficult to write or pronounce.
b. When the change results as a legal consequence,
as in legitimation.
c. When the change will avoid confusion.
d. Continuously used.
- NOT A VALID GROUND  will create a FALSE IMPRESSION
the child is the daughter of the husband.
- She was never adopted by the father whose surname the mother
wants her daughter to use.
- The mother FILED for the child, not of the child: PERSONAL IN
CHARACTER. Inherent to the person.
- Why did the court disallow the filing of the mother in behalf of the
child? It’s a choice of the minor upon reaching the age of
majority.
NOTE: not all petitions of correction of entries are needed to be filed by
the person himself.
- In cases of change of name, it’s the choice of the child.
LABAYO-ROWE VS. REPUBLIC
- First correction: mother’s name in the Birth Certificate.
- Second: an entry in the certificate f live birth that she had been
married to the father of the children.
o Date and place of marriage. It never took place.
- What was wrong with the procedure? It was not adversarial.
o Parties concerned/affected were not given notice (father,
grandparents, local/national civil registry).
 But this is the error of the TC in this particular
case 
 When court sets jurisdictional hearing, they will
mark in the evidences if the parties concerned
were indeed notified.
 If they were notified but did not come/participated,
they still have complied with the requirements.
 It is not the petitioner’s fault that the other parties
did not file a contention/opposition.
- OSG: changes are not clerical in nature  substantial in
character because by erasing the date and place of marriage, the
parents are no longer married to each other: legitimate 
illegitimate.
- RULING: TC erred and the proceeding will be REPEATED. Years
would have to pass (shortest: 6 months).
o Also, if the state is not represented, the hearing will not
proceed.
JACINTO VS. REPUBLIC
- Can a person ask for a change of his name in his certificate of
live birth on account of sexual reassignment surgery? CANNOT
BE DONE.
o Gender from male to female.
- RA 9048; SEC. 4: grounds for change of first name and
nickname.
1. Ridiculous; tainted with dishonor.
2. Habitually and continuously used.
3. Avoid confusion.
- There is no law that will help the petitioner’s cause.
- By effecting a change in the gender of the petitioner, that will be
in violation of the marriage and family laws of the RP.
o In other countries, gender is a matter of choice of a
person. BUT NOT HERE.
o NOT ONE OF THE GROUNDS of a valid change of
name.
- He relied in a ruling of the MTC in Manila that was approved
affecting the change of name and gender.
 - EQUITY? NO due to public policy. - This case was decided BEFORE the effectivity of FC. NOW, joint
- WHAT ELSE IS THERE TO DO? Go to Congress. But there adoption.
might be a lot of opposition.
- Where your record of birth is, it is the place where you will file
your petition.
o Unfortunately, RP does not afford relief, legally or based
on equity. LLANETA VS. AGRAVA
o It is a question of policy: it is up to the legislators and of
the government. - Petitioner was not even related to the Ferrers.
- One is not born a man or a woman. You become a man or a - Why did the Court allow the change?
woman. Canlas, 2013  1. All her records reflect that her surname is Ferrer.
o Confusion in the records will result to the denial of
the petition.
 For a long time, she has been considered
SURNAMES: as a Ferrer.
2. LET OF USE. She had been using Ferrer since birth.
General rule: - What convinced the Court are the RELATIVES  all consented.
- Decision of the court gives a false impression of filiation even
1. Legitimate child: FATHER. though she is not related at all to the Ferrers.
- This was a SPECIAL RULING IN HER FAVOR.
2. Illegitimate child: MOTHER, or FATHER when there is
- She was not even adopted.
compliance with RA 9225. - What is the effect of the decision of the Court? She is allowed to
use the surname of the father BUT HER STATUS IS
Article 364. Legitimate and legitimated children shall LEGITIMATE.
principally use the surname of the father. o She has an unknown father.
- But Serafin Ferrer had already died 4 years before the petitioner
Conception before annulment: father’s. was born.

Conception after the annulment: mother’s.

- Legally separated: father’s.

TELMO VS. REPUBLIC
- It’s a matter of habit  a matter of consistence of records.
- It is the HUSBAND who should initiate the proceeding, not the
NOTE: The wife is not DUTY BOUND to use the surname of the WIFE.
husband. - The petitioner was not even changing her surname, but her
husband’s.
FUNERAL: - The change is a personal thing. The husband is the only one who
can ask for a change of name, not any other person. Not even
the wife.
- IMPROPER PARTY FILED THE CASE, before even proceeding
EUGENIO VS. VELEZ
to the merits of the case.
- Custody of the body: next of kin.
- Nearest ascendant  if none, descendant.
- Who can legally attend to the funeral? NOT THE COMMON LAW
HUSBAND (especially when there is a legal impediment).
o There must be none if only in a common-law relationship. TOLENTINO VS. CA

- Tolentino was first married to Consuelo  divorce decree.

- Tolentino then married Pilar Adorable (died).
- Tolentino then married Constancia.
- Constancia is preventing Consuelo from using TOLENTINO.
NALDOZA VS. REPUBLIC
- Can a divorced wife continue using the surname of her previous
husband? NO. Why can’t she not be prevented?
- The mother wants the children to effect a change in the surname
o No provisions for divorce.
of the children for the discontinuance of the use of the legitimate
o A decree of divorce (it’s like one of the spouses died) is
father.
not like an annulment (marriage ties are severed).
o DIVINAGRACIA to NALDOZA.
 Can you prevent the surviving spouse to prohibit
o The father is a swindler. The children were humiliated at
her from continuing the use of the dead spouse?
school.
NO.
- NOT A SUFFICIENT GROUND or a reasonable cause.
- Action has been prescribed.
- Impression: the children are illegitimate.
- The surname DIVINAGRACIA is not tainted with dishonour.
- The court was not convinced.

LEGAMIA VS. IAC

- Can a common law wife (20 years) be prevented from using the
JOHNSTON VS. REPUBLIC
surname of the common law husband?
- She is being charged by the Anti Alias Law (using another
- Only the wife adopted the child and now she wants the child to
person’s name with the intent to cause damage to the person).
use the surname of her husband.
o NOT REALLY because there was no damage.
- NO, that will create false filiation that the child was also adopted
o PROPER REMEDY: must be for damages, usurpation
by the husband.

13 – BANTAY – PERSONS AND FAMILY RELATIONS 1 – FINALS – AUF SOL 2013

 (using one person’s name without their authority,
pretending to designate yourself as someone who you
are not).
- NO. It is an accepted as a common practice.
- We have no law (perhaps it is the intent of the law makers to
keep it that way).
REPUBLIC VS. ABADILLA
- The problem here is the court ordered to change the entry from
married to single without changing the status of the children from
‘legitimate’ to ‘illegitimate.’
- Being illegitimate children, the children should bear the surname
of the mother.
o What was addressed is a mere cancellation of entry of
date and place of marriage.
- Nothing prevents the mother from filing another petition from
changing the surname of the children.
- It should have been in a single case  but perhaps it was not in
the prayer of the petition or the court just forgot.
REPUBLIC VS. CA and WONG
- Why is it not embarrassing?
- Why are they alleging that the use of a surname Wong is
embarrassing? Cultural thing. He lives in a Muslim community.
- From WONG to ALCALA (his original surname).
- PETITION WAS GRANTED by the Court and considered the
allegations of the Petitioner that it just doesn’t seem right to be
called by that surname.
NEW CASE:
JULIAN LIN WANG, duly represented by his mother ANNA LISA WANG,
petitioner, vs. CEBU CITY CIVIL REGISTRAR, duly represented by the
Registrar OSCAR B. MOLO; G.R. No. 159966.
- In this case, it is a marriage between a Singaporean and a
Filipino. They have a middle name. Last name is Wang.
- Children are being teased: due to Carulasan.
o In Singapore, there is no practice of the use of middle
name.
- Filed a petition to drop the middle name; complete eradication of
the middle name of the children. Can it be done? NO.
- Why not? It was only for the purposes of convenience on the part
of the parents.
- Court: we cannot order the cancellation because it will erase the
alienage of the child.
o Severely affected by dropping the surname of the mother.
- Law requires the children take the surname of the father and the
surname of the mother as their middle name  legitimacy.
- It is also the children’s choice  it’s for them to decide in the
future.
- It is not personal to the parents but to the children.
YASIN VS. SHRAI’A DISTRICT COURT
- A petition to resume the use of maiden name is NOT a petition
for change of name.
- Superfluity: it already follows from the fact that the divorce
decree.
14 – BANTAY – PERSONS AND FAMILY RELATIONS 1 – FINALS – AUF SOL 2013
- One of the consequences of the Sharai’a law.
- Court: there is no need to do so. The reverting back to the use of
a maiden name (after divorce, annulment) is automatic.
ANTI ALIAS
CESARIO VS. CA
- What is the rationale of the Anti-Alias law (criminal violation of a
special law)? INTENTION.
- Cesario has a pending case in the Ombudsman. He wants to get
records from the Ombudsman regarding the case and he placed
the name “Oscar Perez” on the logbook.
- Is there a violation of the Anti-Alias law? NO.
- How can an Anti-Alias law be violated? Using another one’s
name that is different from the one in one’s certificate of live birth.
o Habitually doing the said name and representing the
person with the same name.
- When can a person use an alias? Yes, after obtaining judicial
authority. Literary, cinema (artista, writer, political candidates).
- He only used such name once. Just because he doesn’t one to
be identified as party litigants of the case.
o NOT a violation of the Anti-Alias law.
o Not habitual, repeated and consistent use of that name.
o Neither did he represent that person in another
transaction: isolated case.
- He could have easily obtained the records using his own name.
ABSENCE: whereabouts of the person is not known.
1. Missing or cannot be found for 4 years (FC).
2. Unless there is a danger of death, vessel, airplane and the
location can never be found (2), member of the armed forces and
participated in a war.
What is the need for the filing of a decree of absence?
1. Declaration of presumptive death for the purposes of remarriage.
2. For settlement of the estate of the person.
3. Separation of property of spouses.
4. For administration of the conjugal partnership property of the
spouses  to be declared as the sole administrator.
BASIS: absence.
What happens if the other person appears? Affidavit of reappearance
should be recorded to the Civil Registry first.
- Will render the subsequent marriage void.
REYES VS. ALEJANDRO
- Is there a need for a filing a petition of declaration of absence just
because you want to? There is no need.
- There are instances that will necessitate the filing of such
absence.
1. Remarriage.
2. File for administration.
- Absence of such instances, there will be no need to file such
declaration.
- It’s only when those instances arise that we are necessitated to
file a declaration of absence.
BIENVENIDO VS. CA

- General rule was applied, NOT THE EXCEPTION.

- Who can ask for declaration of presumptive death? The present
spouse; NOT THEABANDONING SPOUSE.
- The man here is the one who abandoned the wife, and now he is
trying to ask for the declaration of presumptive death.

EASTERN SHIPPING VS. LUCERO

- She wants a perpetual receipt of the vessels because the vessel

will never return.
- What is the application of the principle or policy of the declaration
of presumptive death? When does it apply?
o Applies only when there is uncertainty or doubts as to the
whereabouts of the person.
o When there is a preponderance of evidence that the
person has perished, there is no need to file such
declaration.
- Presumption < preponderance of evidence.
- If there is clear and preponderance of evidence that the person
has already died, there is no need for the completion of the 2-4
year period.
- Preponderance of evidence takes over the rules.

TOL-NOQUERA VS. VILLAMOR

- The ruling of the Court: if you file a petition for letters of

administration, the matter of the absence of the person being
declared absent can be filed together.
- There is no need to file a separate or independent case for the
declaration of absence.
- The matter of declaration can be threshed out in the petition of
administration of the estate.
- REMANDED: reception of additional evidence.

Professor’s last note: 

REMEMBER: Civil Code is divided into 5 books.

1. Family, property, succession, contract, special contract.

2. Underlying principle that ties those books together: COMMON
SENSE.
3. The principles are there and you should just work on them.
4. Your syllabus is designed to address the needs of taking the bar
– it’s not complete.
5. There is so much to the study of law.
6. The bar should not be a hindrance for you to understand the law
more.
7. Exert additional effort on your part. Do not rely on what is
exclusively discussed in the classroom.

15 – BANTAY – PERSONS AND FAMILY RELATIONS 1 – FINALS – AUF SOL 2013