Atty. Galas • Persons and Family Relations • A.Y.
2019-2020
CHAPTER 1. LEGITIMATE CHILDREN
Art. 163. The filiation of children may be by nature or by
adoption. Natural filiation may be legitimate or illegitimate.
(n)
The filiation of children may be –
1. By nature
 By birth of the child from the known parents
 May either be legitimate or illegitimate
2. By adoption
 By fiction of law
 Refers only to legal adoption
Unlike that in the Civil Code where there are five (5) types of illegitimate
children, the Family Code merely limits itself to only one – illegitimate
children, regardless of the source.
Art. 164. Children conceived or born during the marriage of
the parents are legitimate.
Children conceived as a result of artificial insemination of
the wife with the sperm of the husband or that of a donor
or both are likewise legitimate children of the husband and
his wife, provided, that both of them authorized or ratified
such insemination in a written instrument executed and
signed by them before the birth of the child. The
instrument shall be recorded in the civil registry together
with the birth certificate of the child. (55a, 258a)
Article 164 provides for a disputable presumption; not conclusive.
 Disputable in the sense that this can always be impugned (referring
to the legitimacy of the child by the father, and exceptionally by the
heirs).
The right to impugn the legitimacy of the child is exclusively granted to
the father. Only in exceptional cases, the heirs may be allowed to impugn,
under Article 171.
Presumption: If the child is born during a valid marriage, the child is
presumed to be legitimate.
2nd paragraph of Article 164
Children conceived as a result of artificial insemination of the wife with
the sperm of the husband or that of a donor or both are likewise
legitimate children of the husband and his wife, provided, that both of
them authorized or ratified such insemination in a written instrument
executed and signed by them before the birth of the child. The instrument
shall be recorded in the civil registry together with the birth certificate of
the child.
This refers to the situation wherein the spouses avail of artificial
insemination.
 It might be by reason of the inability of the husband to meet the
standard on being able to fertilize the egg.
 On the part of the wife, it might come in the form of a defect in the
reproductive organ (e.g., retroverted uterus).
What is only conceived by Article 164 (2) is the ability of the wife not to
conceive but the inability of the wife to carry the child, because if we talk
of the inability of the wife to conceive because she is already old, that is
not included here. It only refers to the inability of the wife by reason of
a defect in the reproductive organ.
On the other hand, the very common reason why spouses would avail of
artificial insemination…
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
(You might be asking about the concept of surrogacy. Just apply this by
analogy. But this will not apply if the wife is as old as Vicki Belo or Korina
Sanchez. Wala na yan sila. Their ovaries are already dead, so how can
they carry?) Here, it is still the wife who will carry the child of the
husband.
Going back to the problem on the part of the husband, there are men
who have no sperm, whatsoever. You call that azoospermia. So ano pala
yung lumalabas? Maybe water, but there is an absence of sperm.
Or for a man’s sperm to successfully fertilize the ovum or the egg, one
single ejaculation requires 40 Million sperm.
What happens?
The egg is already about to go out of the woman’s body in the form of
menstruation. This is what you call the fertile period. So the egg is only
waiting for the sperm. And if no sperm will come to the egg, it will come
out in the form of menstruation. But if there’s a sperm, then that would
fertilize the egg. And that is the start of life – the meeting of the sperm
and the ovum.
(There is this debate/argument on “When does life start?” between Pro-
Lifers and Pro-Abortion Groups. It does not start with merely the ovum,
waiting. Or for the men. Because sexual intercourse for men is a
necessity. They have to release, otherwise, sasakit ang puson ng mga
lalake. It’s either they engage in casual sex or one-night stands or there
is always Mary Palmer. To be safe, Mary Palmer is your better choice. )
So you need 40-300 Million sperm. But 20 Million is an ideal number, if
the sperm is healthy.
When is a sperm considered to be healthy?
It must have a complete head and a complete tail.
What is the purpose of the tail?
It is actually the tail that would allow the sperm to swim towards the
waiting ovum. Without the tail, this cannot happen.
If the sperm is less than the ideal, then it might be one wherein single
ejaculation is only about 10 Million. Those can be frozen. Then to
complete the required minimum number, wait for the subsequent
ejaculation. But if you cannot wait for the next number of sperm to be
frozen, then you can avail the services of a stranger. In this case, the
donor is a stranger. But you cannot choose the donor. You can’t choose
your ideal man. You cannot request, “Can I have Brad Pitt?” The doctor
will be the one to decide and the donee would never know who the
donor is and the donor would never know who the done is.
You can just imagine the disturbance that will be caused if the identity of
the donor/donee is revealed. What if the donor is wealthy, and then the
mother will say “Here is the result of the artificial insemination using
your sperm.” Or what if the donor is unable to produce a child with his
wife and so he will be excited, thinking, “I wonder what my child will look
like.”
Thus, there really is complete confidentiality in the records involving
artificial insemination.
Also, the doctor will also choose a donor whose physical features are
more or less similar to that of the husband/wife of the done. Otherwise,
there might be bullying, “Ay, hindi ka man anak ng Nanay mo. Anak ka
ng ano…” So the doctor tries to find a donor whose physical traits would
be similar or the same as that of the done.
Homologous Artificial Insemination
If it is using the husband’s sperm alone
Heterologous
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If it is using a stranger’s sperm
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
Mixed Artificial Insemination
Partly from the husband, partly from a stranger
What does the law require?
“xxx provided, that both of them authorized OR ratified such
insemination xxx”
Authorization Before artificial insemination
procedure
Ratification After the artificial insemination
TAKE NOTE:
These must be done before the birth of the child, and signed by them.
Together with this authorization or ratification would be the birth
certificate of the child, to be registered with the appropriate civil registry.
There are instances wherein the man/husband suffers from erectile
dysfunction. This may happen when the husband is afflicted with a
disease (may be diabetes, habitual drunkenness, or while taking certain
medications). So be careful, men.
Art. 165. Children conceived and born outside a valid
marriage are illegitimate, unless otherwise provided in this
Code. (n)
Children conceived and born outside a valid marriage are illegitimate,
subject to the exceptions provided for in Article 54 referring to children
born out of void marriages because:
a. the marriage has been declared void by the reason of
psychological incapacity (Article 36) or
b. the failure of the spouses, to a marriage that has been
declared void or annulled, to have the decree of annulment
or nullity registered with the appropriate civil registries and
registries of property (Article 50),
c. the failure to deliver the children’s presumptive legitimes
(Article 51), or
d. the failure to liquidate, dissolve, and partition the community
property or the conjugal partnership (Article 52).
What are the grounds where the child’s legitimacy may be impugned?
Impugning the legitimacy of a child is solely granted to the father, as it is
he who is confronted with the scandal brought about by the infidelity of
the wife.
But there are certain instances or circumstances where the heirs of the
father may be allowed to impugn the legitimacy of the child. The grounds
are found in Article 166.
Art. 166. Legitimacy of a child may be impugned only on
the following grounds:
1. That it was physically impossible for the husband to have
sexual intercourse with his wife within the first 120 days of
the 300 days which immediately preceded the birth of the
child because of:
a. the physical incapacity of the husband to have sexual
intercourse with his wife;
b. the fact that the husband and wife were living separately
in such a way that sexual intercourse was not possible; or
c. serious illness of the husband, which absolutely
prevented sexual intercourse;
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2. That it is proved that for biological or other scientific
reasons, the child could not have been that of the husband,
except in the instance provided in the second paragraph of
Article 164; or
3. That in case of children conceived through artificial
insemination, the written authorization or ratification of
either parent was obtained through mistake, fraud,
violence, intimidation, or undue influence. (255a)
The grounds mentioned herein are exclusive.
Sterility is definitely not one of the grounds, because it is not stated in
Article 166.
Article 166 (1)
“… within the first 120 days of the 300 days which immediately
preceded the birth of the child…”
 This is the standard established by the Supreme Court for the
father to successfully impugn the legitimacy of the child, with
respect to absence of sexual contact.
 There must be that absence of sexual congress during the first 120
days of the 300 days which immediately preceded the birth of the
child
 300 days – the longest gestation period recorded and proven by
medical science
“… because of:”
(a) the physical incapacity of the husband to have sexual intercourse
with his wife
 This might be relative impotency or impotency that existed during
the marriage.
(b) the fact that the husband and wife were living separately in such a
way that sexual intercourse was not possible
 Because either the husband or the wife is living in, say, Russia,
Alaska, or Antarctica. But not in Singapore, Hongkong, or other
Asian countries which are very near Davao City, Philippines and
given that our plane fares are now so low, you can always visit your
spouse.
(c) serious illness of the husband, which absolutely prevented sexual
intercourse
 SUPPOSE the husband is in the CCU or ICU
 Not tuberculosis, regardless of the stage, because a person with
tuberculosis becomes more sexually aggressive.
2) That it is proved that for biological or other scientific reasons, the
child could not have been that of the husband, except in the instance
provided in the second paragraph of Article 164
 If you are Malay, how can you have an aquiline nose? Or blonde
hair?
 How can you have a very fair skin if you are a Malay, unless you
inject loads of glutathione? Or unless you are Lucy Torres
(3) That in case of children conceived through artificial insemination,
the written authorization or ratification of either parent was obtained
through mistake, fraud, violence, intimidation, or undue influence
 The child here is still legitimate, subject only to the right of the
father to impugn his/her legitimacy
 May the mother impugn the legitimacy of a child conceived and
born through artificial insemination?
o YES, suppose here consent is vitiated.
 When is a child conceived through artificial insemination deemed
illegitimate?
o When there is an absence of the written authorization
or ratification, because what is contemplated in Article
166 (3) is a situation wherein there is an authorization
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or ratification but consent is vitiated or defective.
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020

Art. 167. The child shall be considered legitimate although  Because, if it can be proven that the husband of the prior marriage
the mother may have declared against its legitimacy or may or the husband of the subsequent marriage is suffering from
have been sentenced as an adulteress. (256a) impotency, then there is no need of applying the provisions of Art.
168 because there is already a proof.
Children who are spurned by their mothers are still considered as o Asked in the 1999 Bar Exam.
legitimate because of Article 167.
What are the presumptions?
If you had read the cases in advance, then you will know that regardless o Remember: 180 days.
of the separation in fact of the husband and the wife, for as long as the
child is born during that separation in fact, but the marriage is not 1. Before 180 days after the solemnization of the subsequent
terminated, the child is still presumed to belong to that subsisting marriage, the child is presumed to belong to the prior
marriage. marriage.
a. Provided, it be born within 300 days after the
BEST EXAMPLE: termination of the former marriage.
Concepcion vs. Almonte 2. After 180 days following the celebration of the subsequent
marriage, the child is presumed to belong to the subsequent
Art. 167 of the Family Code provides for the presumption of legitimacy marriage
even if the mother have declared against the legitimacy of the child or a. Even if it be born within 300 days after the
may have been sentenced as an adulteress. termination of the prior marriage.
3. But, if the child is born after 300 days,
In relation to this are the cases of: a. The burden of proof is on the person alleging the
1. De Jesus legitimacy or illegitimacy of the child.
2. Liyao i. Article 169.
3. Concepcion.
Art. 170. The action to impugn the legitimacy of the child
The exception to this is the case of: shall be brought within one year from the knowledge of the
Ong Vs. Diaz birth or its recording in the civil register, if the husband or,
540 SCRA 480 , December 17, 2007 in a proper case, any of his heirs, should reside in the city
or municipality where the birth took place or was recorded.
In this case, the court ruled otherwise. But, the court had given a
reason why it departed from the ruling it made on the cases of De If the husband or, in his default, all of his heirs do not reside
Jesus, Liyao, Concepcion. The presumption will always be the at the place of birth as defined in the first paragraph or
legitimacy of the child. where it was recorded, the period shall be two years if they
should reside in the Philippines; and three years if abroad.
If the birth of the child has been concealed from or was
unknown to the husband or his heirs, the period shall be
Art. 168. If the marriage is terminated and the mother counted from the discovery or knowledge of the birth of
contracted another marriage within three hundred days
the child or of the fact of registration of said birth,
after such termination of the former marriage, these rules
whichever is earlier. (263a)
shall govern in the absence of proof to the contrary:
We go to the period within which to impugn the legitimacy of the child.
1. A child born before one hundred eighty days after the
solemnization of the subsequent marriage is considered to GR: Remember, it is only the father who is given the right to impugn the
have been conceived during the former marriage, provided legitimacy of the child because it is he (the alleged father) who is
it be born within three hundred days after the termination confronted with the scandal brought about the infidelity of the wife.
of the former marriage;
XPN: The law also grants the heirs (of the alleged father) the right to
2. A child born after one hundred eighty days following the impugn the legitimacy of the child within the same period, but the
celebration of the subsequent marriage is considered to grounds are found in Art. 171:
have been conceived during such marriage, even though it 1. If the husband should die before the expiration of the period
be born within the three hundred days after the fixed for bringing his action;
2. If he should die after the filing of the complaint without
termination of the former marriage. (259a)
having desisted therefrom; or
3. If the child was born after the death of the husband.
Art. 169. The legitimacy or illegitimacy of a child born after
three hundred days following the termination of the The grounds therein are limited. Those not found thereat are deemed
marriage shall be proved by whoever alleges such excluded.
legitimacy or illegitimacy. (261a)
Periods to Impugn:
Art. 168 applies only: 1. 1 year
1. In the absence of the proof to the contrary; a. 1 year from:
2. And the marriage is terminated and the wife immediately i. the knowledge of the birth or
contracted a subsequent marriage within 300 days after the ii. its recording in the civil register
termination of the previous valid marriage and; b. if the husband, or in the proper case, any of his
3. The wife becomes pregnant. heirs should reside in the same City or
Municipality where the birth took place.
To whom does the child belong? Does it belong to the prior or 2. 2 years
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subsequent marriage if there is no proof?

TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020

a. If still within the Philippines, but not in the same
City or Municipality, it is 2 years.
3. 3 years
a. If it is in another country, it is 3 years.
When do you count the 1, 2, 3 year period if the birth is concealed?
The period shall be counted from:
1. the discovery or
2. knowledge of the birth of the child or of
3. the fact of registration of said birth,
WHICHEVER IS EARLIER. Because if the birth was registered before it was
discovered, the period has already stated to run.
Art. 171. The heirs of the husband may impugn the filiation
of the child within the period prescribed in the preceding
article only in the following cases:
(1) The record of birth appearing in the civil register or a final judgment;
or
EXPLANATION:
This is the best proof of filiation.
"Or by final judgment."
 It means that there is a petition filed in court seeking recognition
as the child as legitimate child and the same was granted and the
decision became final and executory.
(2) An admission of legitimate filiation in a public document or a private
handwritten instrument and signed by the parent concerned.
EXPLANATION:
It may come in a form of a sworn statement or an affidavit.

"Public" because there is an intervention of a notary public.

1. If the husband should die before the expiration of the
period fixed for bringing his action;
2. If he should die after the filing of the complaint without
having desisted therefrom; or
3. If the child was born after the death of the husband.
(262a)
 It becomes such because of the intervention of a notary public, not
necessary a lawyer, but is given the commission to notarize a
document.
Because the other is a PRIVATE HANDWRITTEN instrument SIGNED by
the parent concerned.
 That is why, correlate the cases of Verseles, Dela Cruz and
Nipomoceno.

What are the grounds where the heirs may be allowed to impugn the In the absence of the foregoing evidence, the legitimate filiation shall
legitimacy of the child? be proved by:

1. If the husband should die before the expiration of the period SECONDARY PROOF OF FILIATION
fixed for bringing his action; It does not prove recognition. It is only a mode or manner to compel the
2. If the husband dies after filing of the complaint without parent to recognize the child as legitimate or illegitimate.
having desisted therefrom.
a. Explanation: Meaning, he did not file a motion to (1) The open and continuous possession of the status of a legitimate child;
dismiss, or appeared before the trial prior to his or
death.
EXPLANATION
3. The child was born after the death of the husband.
Living with a parent for a long time that will not ripen to recognition. This
These are the only grounds where the heirs of the husband may is only a manner or means for the child to compel the father to recognize
the former.
impugn the legitimacy of the child.

Chapter 2. Proof of Filiation And for the child to be considered in open and continuous possession of
the status of legitimate child, there are three requisites:
a. The child bears the surname of the father (Numen);
Art. 172. The filiation of legitimate children is established
b. Treated by the family as the legitimate child (Tractatus);
by any of the following: c. Known in the community as legitimate child of the father
(Fama).
1. The record of birth appearing in the civil register or a final
judgment; or (2) Any other means allowed by the Rules of Court and special laws.

2. An admission of legitimate filiation in a public document
or a private handwritten instrument and signed by the
parent concerned.
In the absence of the foregoing evidence, the legitimate
filiation shall be roved by:
EXAMPLE: Pedigree, aka the Family Tree or Trace.
Especially if the family tree is found in the pages of the Family Bible.
 One of the pages in the big bible contains the family of the owner.
It would be impossible – unless an atheist and you do not believe
on the truth of what is stated in the bible – then he would just enter
there any information as to her family.

1. The open and continuous possession of the status of a The bible is one of those considered to be acceptable pursuant to
number 2 paragaraph 2 of the Art. 172. These are the secondary proofs
legitimate child; or
under Art. 172 (2).
2. Any other means allowed by the Rules of Court and
special laws. (265a, 266a, 267a)

The first 2 refers to the primary proofs of filiation.

Art. 172. The filiation of legitimate children is established by any of the

following:
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 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020

Art. 173. The action to claim legitimacy may be brought by TAKE NOTE:
the child during his or her lifetime and shall be transmitted
to the heirs should the child die during minority or in a state 1. "shall have the right" to bear the surname of the father and the
of insanity. In these cases, the heirs shall have a period of mother in conformity with the provisions on Surnames.
a. It does not say "shall use the surname". Because under the
five years within which to institute the action.
Civil Code on Surnames, the legitimate child shall principally
use the surname of the father;
The action to claim legitimate filiation does not prescribe as mentioned
in Art. 173.
I want you to remember this because when we go to Surnames
later, there is also an appropriate provision in relation to this.
If the child dies, (the death of the parent or the child) may not bar the
 Because if you compare that with 176, it says illegitimate
action unlike in Art. 175.
children shall bear.
 And if the child dies during minority or in the state of insanity, the
o There is a difference between having the right and
heirs are given 5 years from the time their cause of action accrues.
required to use;
o The death of the child or the death of the parent does
 Because always remember that a right
not bar the action in claiming legitimacy.
may be waived, subject to the
compliance with the requisites of a
-
valid waiver.
This refers to claims for legitimate filiation. The law says that:
The use of the surname of the father may be waived by the
1. It does not prescribe and
legitimate child because it is merely a right.
2. If the child dies during minority or in a state of insanity,
 Correlate that with the provisions of the Civil Code on
a. The same will be transmitted to the heirs but
Surnames. The law also provides "shall principally use" – it did
b. It has a limited period of 5 years from the time the
not say "shall use" – so principally only.
cause of action accrues.
2. To receive support from their parents, their ascendants, or in
The same holds true for the illegitimate children.
proper cases, their brothers and sisters in conformity with the
1. If the bases for the claim for filiation would be the primary
provisions of this code on support.
proofs, meaning:
a. any of those under Article 172 paragraph 1:
Number 2 says ‘in conformity with the provisions of this Code on
i. the record of birth appearing in the
Support’. This refers to Article 194 of the Civil Code, which is the
Local Civil Registrar or
definition of legal support.
ii. final judgment, or
iii. a public document or a private
Remember: The right to receive support under this particular
handwritten instrument signed by the
provision even applies to children of previous marriage, but those
parent concerned.
that are legitimate.
2. Because if the illegitimate child, is banking on the second
o When we were discussing charges against the Conjugal
paragraph, referring to the secondary proof, you go to
or the Absolute Community, it says including the
Article 175:
legitimate children from a previous marriage. So for as
a. It says that if it is based on the secondary proofs,
long as legitimate, they are entitled to support.
then it must be brought within the lifetime of the
putative father.
3. To be entitled to the legitimate and other successional rights
b. The purpose of which is to allow the alleged father
granted to them by the Civil Code.
to rebut the claim of the child. Because you can
just imagine, the disturbance that it would cause
Now, one of the successional rights accorded to the legitimate
to the legitimate family if there comes a child
children which is NOT TRUE to ILLEGITIMATE children is the RIGHT
claiming that he/she is a legitimate child.
OF REPRESENTATION.
Summary:
So when does that occur?
i. If the legitimate child is basing the claim for filiation under the
second paragraph of Article 172 in relation to 175, then it has
a limitation. FM
ii. If primary, there is no prescription.
C W
Art. 174. Legitimate children shall have the right:

1. To bear the surnames of the father and the mother, in

S
conformity with the provisions of the Civil Code on
F, the Father and M, Mother then C as a child, and the child who is
Surnames;
married to W. But the child C, predeceased the parents, so what
happens?
2. To receive support from their parents, their ascendants, o The legitimate child of C will now inherit, with respect
and in proper cases, their brothers and sisters, in to the share of C, in the estate of F and M, and the
conformity with the provisions of this Code on Support; and reason there is not that he can directly inherit but rather
by right of legal representation.
3. To be entitled to the legitimate and other successional o Because this is not true to illegitimate filiation.
rights granted to them by the Civil Code. (264a)
There is what you call the Iron Bar Rule.
Art. 174 provides the rights granted to a legitimate child.
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TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
o Under the law on succession, where the illegitimate
cannot inherit from his legitimate ascendants or
collateral relatives.
Discussed during Oct. 2 Recits:
You should correlate Art. 175 to Art. 172 in proving illegitimate filiation.
Because Art. 175 specifically refers to proving one's illegitimate filiation
and it says:
Art. 175: In proving illegitimate filiation, the same proof is necessary as
stated in Art. 172 in proving legitimate filiation.
Except on the secondary proof. Because there is no limitation
with respect to proving legitimate filiation pursuant to Art. 173 except
when the child dies during minority or is under the state of insanity,
which is different if you want to prove illegitimate filiation.
Regardless of how long a child have been in an open and continuous
possession of the status of an illegitimate child, the child is still not
considered as recognized. But, that right is granted to the legitimate child
because of Art. 173.
However, it is not recognition per se, it is merely a mode or manner to
compel the father to recognize the child as his illegitimate child. That is
the difference between legitimate and illegitimate filiation.
Chapter 3. Illegitimate Children
Art. 175. Illegitimate children may establish their
illegitimate filiation in the same way and on the same
evidence as legitimate children.
The action must be brought within the same period
specified in Article 173, except when the action is based on
the second paragraph of Article 172, in which case the
action may be brought during the lifetime of the alleged
parent. (289a)
What are the rights of illegitimate children?
As I said, Article 174 is different from Article 176.
Amended version of Article 176 by RA 9255:
Article 176. Illegitimate children shall use the surname and
shall be under the parental authority of their mother, and
shall be entitled to support in conformity with this Code.
However, illegitimate children may use the surname of
their father if their filiation has been expressly recognized
by the father through the record of birth appearing in the
civil register, or when an admission in a public document or
private handwritten instrument is made by the
father. Provided, the father has the right to institute an
action before the regular courts to prove non—filiation
during his lifetime. The legitime of each illegitimate child
shall consist of one—half of the legitime of a legitimate
child.
Illegitimate children shall use the surname and shall be under the
parental authority of their mother, and shall be entitled to support in
conformity with this Code.
Republic Act 9255 is the law that allows the illegitimate children to bear
the surname of the father, if the father recognizes the child.
 But prior to the enactment of this particular law, even if the father
recognizes the illegitimate child, the illegitimate child is barred
from using the surname of the father.
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 That is absolute under the Family Code, which is different from the
Civil Code, because under the Civil Code, it allows.
So, the father of your favorite actor, who is also now a Senator,
Bong Revilla. His father, Nardong Putik, enacted this law,
sponsored this bill. Where, according to him, it is not the fault of
the child to be illegitimate. It is actually the fault of the parents,
giving due course to their lust, it is not love. So why should the
illegitimate child suffer the consequences of the acts of their
parents? So, it now allows the illegitimate children to use the
surname of the father.
But, we will discuss later in the case of Grande vs. Antonio, whether the
child can be compelled. Because the wording of RA 9255, is merely
"may", so the child may or may not.
Always remember that when we were discussing the ACOP or CPOG, the
support for illegitimate children is excluded. It cannot be charged
against ACOP or CPOG.
 Only that under ACOP, it may be considered as advances.
 This is not true under the CPOG, unless it has been proven that the
obligations mentioned in Article 121 had been fully satisfied.
Without that, then there can be no support taken or to be charged
against the CPOG.
In the cases of Badua vs. CA and Barbiera vs. Catotal, these have
almost the same facts. The SC said that the following find no
application in these cases because if we talk of impugning the
legitimacy of the child, it refers to the fact that the father is not the
father of the child. Rather, the child of another man.
1. Article 164 (1) on the presumption of legitimacy of the
child for a child born during a valid marriage,
2. The grounds for impugning the legitimacy under Article
166,
3. The period within which to bring the action for impugning
the legitimacy of the child under Article 170.
4. And the grounds where the heirs of the father may
impugn the legitimacy of the child under Article 171.
But not in the cases of Badua vs. CA and Barbiera vs. Catotal because
they were never the children of the alleged parents. So there is no
application in all those provisions. There is nothing to impugn
because precisely they are not the children of the alleged parents.
There can be no prescriptive period to speak of because there is
nothing to impugn. And the heirs likewise cannot impugn because
there is no child whose status can be impugned.
De Jesus vs. Heirs of Dizon
366 S 499
In the case of De Jesus, prior to Dizon's death, he executed this public
document, where he acknowledged that the children Jacqueline and
Jinky were his illegitimate children.
However, this cannot prevail over the presumption of legitimacy. The
act of the children in presenting the public document where De Jesus
acknowledged them as his illegitimate children cannot prevail over
the status fixed by law accorded to them. They are legitimate. So
there was this attempt on their part to impugn their very own
legitimacy. That cannot be done because it is the law that fixes the
status of a person.
Liyao, Jr. vs. Tanhoti-Liyao
378 SCRA 563, March 07, 2002
The SC said that it is only the father and in exceptional cases, the
Page6
heirs, who can impugn the legitimacy of the child because it is he who
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
is confronted with the scandal brought about by the infidelity of the
wife as well as the economic reasons that come with it because
without impugning, then the father is bound to provide support for
the child.
So in the case of De Jesus vs. Heirs of Dizon, they are still presumed to
be the children of Carolina and Danilo. In the case of Liyao, Jr. vs Tanhoti-
Liyao, still also they are presumed to be the legitimate children of the
subsisting marriage despite the allegation of one of the children that
William, Jr. is the son of Liyao. But the SC said that Corazon is still married
to Yulo, and thus the presumption is that the child is still the child of the
spouses.
Concepcion vs. CA
468 SCRA 438 , August 31, 2005
This case is different in the sense that there was a valid marriage. The
child was born a year after the marriage. Subsequently, a year later
however, Bernardo Concepcion filed this petition for the declaration
of nullity of his marriage with Maria Theresa, claiming that there is
still a valid subsisting marriage of Maria Theresa with Mario, as his
marriage has not been declared or terminated by death.
This was granted by the SC.
However, the lower court prior to the decision by the SC, granted
Gerardo visitation rights. This was questioned by Maria Theresa
because there is nothing in the law that grants the father to visit an
illegitimate child, which is true. She was denied so she went to the
CA. This was affirmed by the appellate court and in the MR, the CA
reversed itself and said that the child is actually not the child of
Gerardo with Maria Theresa but rather the child of Maria Theresa
with Mario. So it went to the SC and this was of course questioned by
Gerardo.
On the other hand, according to the SC, Gerardo does not have the
legal standing to question the status of the child because he is not at
all the father of the child. It is only the father and it is here that the
SC said that "It must be shown that there was beyond reasonable
doubt that there is no sexual access during the first 120 days of the
300 days that immediately preceded the birth of the child. In order
for Mario to successfully impugn the legitimacy of the child. And
there will always be the presumption according to the Court, that the
child could have been the child of Mario because Mario is living
around 4km away from where the spouses Gerardo and Theresa
were living.
Ong vs. Diaz
540 SCRA 480 , December 17, 2007
This case is the contradiction to the presumption under Article 164
paragraph 1 and Article 167. In Article 164 paragraph 1, it says that
"Children conceived or born during the marriage of the parents are
legitimate." and in Article 167, the mother is not allowed to impugn
the legitimacy of the child or even declare against its legitimacy or
may have been sentenced as an adulteress, the presumption is that
of legitimacy.
But in this case, it is different because it was really proven that there
was complete absence of the husband during the time prior, during
and immediately after the birth of the child and thus the SC allowed
the child to undergo DNA Test to determine whose child really is the
child. That is the purpose why it allowed because the husband
Hasegawa had never been in the Philippines. And thus, the
presumption of absence of sexual access during the first 120 days on
the 300 days that immediately preceded the birth of the child was
not proven by evidence to the contrary.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
Now, we got to the primary and secondary proofs. The following cases
are actually cases involving claim for illegitimate filiation. The only
exception here is of course the case of Aguilar vs Siasat and Calimag vs
Macapaz. These are the only ones involving legitimate filiation. All the
rest are about illegitimate filiation.
Fernandez vs. CA
230 SCRA 130 , February 16, 1994
We know very well that pictures or photographs are not by
themselves sufficient proof of filiation. These are considered to be
hearsay evidence so to prove that indeed, he was the father of the
child, and according to the court, they must present the person who
took the picture, which is not true in this case. Likewise, it was shown
that there was no participation on the part of the father with respect
to the certificate of live birth as well as the baptismal certificate.
Including in fact, the testimony of the priest who administered the
baptism of the child, because he was coached by the mother.
Fernandez vs. Fernandez
363 SCRA 811 , August 28, 2001
According to the Court, the application for payment of backpay is a
public document but it is not executed to recognize the child but
rather for the purpose of availing of the benefits of backpay.
Labagala vs. Santiago
371 SCRA 360 , December 04, 2001
The Income Tax Return merely proves that the taxes were paid for
that particular period. But the ITR it will not prove filiation. The use
of surname, which was also reiterated in the case of Fernandez
vs. Fernandez, will also not give rise to the presumption of
recognition.
Losin vs Locsin, Jr
371 SCRA 711 , December 10, 2001
As between the original birth certificate obtained from the Civil
Registrar of Iloilo City and that of coming from the Civil Registrar
General but a certified true copy of the birth certificate and has
different entries therein. Which would prevail? So, this was answered
by the SC in this case.
From the FT:
Where there are glaring discrepancies between the Certificates of Live
Birth recorded in the Local Civil Registry and the copy transmitted to
the Civil Registry General, the latter prevails.
A birth certificate is a formidable piece of evidence prescribed by
both the Civil Code and Article 172 of the Family Code for purposes
of recognition and filiation. However, birth certificate offers only
prima facie evidence of filiation and may be refuted by contrary
evidence. Its evidentiary worth cannot be sustained where there
exists strong, complete and conclusive proof of its falsity or nullity. In
this case, respondent’s Certificate of Live Birth No. 477 entered in the
records of the Local Civil Registry (from which Exhibit “D” was
machine copied) has all the badges of nullity. Without doubt, the
authentic copy on file in that office was removed and substituted
with a falsified Certificate of Live Birth.
At this point, it bears stressing the provision of Section 23, Rule 132
of the Revised Rules of Court that “(d)ocuments consisting of entries
Page7
in public records made in the performance of a duty by a public
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
officer are prima facie evidence of the facts therein stated.” In this
case, the glaring discrepancies between the two Certificates of Live
Birth (Exhibits “D” and “8”) have overturned the genuineness of
Exhibit “D” entered in the Local Civil Registry. What is authentic is
Exhibit “8” recorded in the Civil Registry General.
Bernabe vs. Alejo
374 SCRA 180 , January 21, 2002
This was already asked twice in the Bar. This refers to a child born
under the Civil Code.
The father died when the FC was already in effect. So, for in behalf of
the minor child, the mother filed this action for the child to have
share in the estate of the deceased father and this was opposed by
the legitimate child of Bernabe, claiming that the action to claim
filiation has already been barred because of the death of the father.
But the SC said that the birth of the child is still governed by the
provisions of the Civil Code, particularly Article 285 of the Civil Code
which is a substantive law. That cannot be taken away by the passage
of the Family Code and thus the child is still given 4 years after
attaining the age of majority to claim and prove filiation.
De La Rosa vs Vda de Damian
480 SCRA 334 , January 27, 2006
Guillerma was relying on two grounds:
1. First is that according to her, she has open, continuous
possession of an illegitimate child.
2. Second, the documents that she presented consisting of
the school records and a copy of the Sunday Times, where
the obituary was published.
This was resolved by the SC on the following bases: That open,
continuous possession of an illegitimate child is not by itself a
recognition of one's filiation. It is merely a mode or manner to compel
the father to recognize the child. But it has a dual limitation: the
death of the child and the death of the father. In this case the death
of the father terminates the action to compel recognition.
On the other hand, the school record cannot also be given credit
because there was no showing that Guillermo has signed that school
record.
On the obituary, the SC said that what should have been presented
by Guillerma was the manuscript – the original manuscript in the
handwriting of Guillermo – but not the copy of the Sunday Times
where the Obituary was published.
Verceles vs. Posada
522 SCRA 518 , April 27, 2007
I would always address this to men. Be careful with your affairs. So
when you text and it is incriminating, delete. And don't feel like
writing, never write because that would be the best evidence of your
infidelity. Nothing, not a single word.
Never admit, because this was what happened to Mr. Verceles, who
thought that he could always his power as Mayor of Pandan. So he
throw caution to the wind. He wrote Clarissa letters using the
letterhead of Pandan. What more because this is the setting of the
old, old days, he gave Clarissa a picture and wrote something at the
back of the picture. So you see? Men, never lie. If you give flowers,
nothing. Have it encoded, not your handwriting. Never
leave evidence.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
So according to the Court, while it is true that these love letters were
not signed by Mr Verceles by his signature but what appears therein
is the nickname "Ninoy", but it cannot be denied that all these letters
were written by one and the same person. Plus the fact that there
was an admission on his part in the memorandum that he submitted
to the Court, that he and Clarissa had an affair. So men, you have to
be careful.
Which was true in the case of Nepomuceno vs Lopez.
Nepomuceno vs. Lopez
616 SCRA 145 , March 18, 2010
In this case, he merely promised to provide support but he never
acknowledged the child as his illegitimate child.
So this merely becomes what? A promissory note. But not an
admission of filiation.
Because according to the Court, if there is an admission of filiation,
then support follows as a matter of law. So, in this case, what was
only presented by the petitioner for in behalf of the minor child is the
promissory note but nothing therein even if it were a public
document, it will not be given due appreciation as proof of filiation.
But not in the case of Dela Cruz vs Gracia.
Dela Cruz vs. Gracia
594 SCRA 649 , July 31, 2009
Dominique Sto. Tomas Aquino, the father, died 2 months prior to the
birth of the child. Before he died, he wrote in his autobiography a
portion of which reads that "For now, Jenie and I are in love and she
is now pregnant with our child." However, he did not sign the
autobiography. So, when the child was born, Jenie tried to register
the child using the AUSF (Affidavit to Use the Surname of the Father)
that was signed by the parental grandfather.
This was denied by the Civil Registrar, claiming that the child cannot
use the surname of the father in the absence of the signature of the
father. She raised the argument that Article 176 as amended by RA
9255, does not require the signature of the father. The SC said YES,
but it should be read in relation to Article 172 and Article 175. So if
we're talking of a primary proof consisting of a private handwritten
document, this must be signed by the alleged parent.
However, in this case, the Court came out with a new ruling. If the
lone evidence consists of a handwritten instrument but unsigned by
the parent concerned, it cannot prove filiation. In this case however,
in as much as Jenie was able to present not only that autobiography
where the late father acknowledged to have affair with Jenie, and
Jenie is now pregnant with our child, there was a corroborative
evidence submitted that consists of the affidavit of the paternal
grandfather and the testimony of the paternal uncle.
Why are those important?
Because with the admission that the child is the child of Dominique,
their share in the estate of Dominique would be lessened or they
might not be able to inherit anymore from Dominique's estate. So
that is an admission against interest under the Rules of Court. And
according to the Court, that would be sufficient to prove the child's
filiation.
Page8
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
Aguilar vs. Siasat
GR#200169 01/28/2015
This case refers to a public document that was considered by the
Court even if this was contrary to the ruling of the Court in the case
of Fernandez vs. Fernandez, but the SSS Form E1 that was executed
by the alleged father, really had placed therein the name of Rodolfo
Aguilar, as his child as well as his birthdate. So, according to the Court,
this is a public document, executed to acknowledge the child as his
legitimate child.
Arado vs Alcoran. How is this different from the case of Barcelote vs
Republic?
Arado vs. Alcoran
762 SCRA 37 , July 08, 2015
In Arado vs Alcoran, Nicolas himself caused the registration of
Anacleto but the heirs of Nicolas, Joaquina, the grandmother, said
that there was never an acknowledgement on the part of Nicolas that
Anacleto was his legitimate child. That was never found in the birth
certificate.
However, Anacleto was able to prove by showing that book registry
where it was Nicolas himself who reported the birth of the child and
signed on the remarks portion of that book.
By the way, the SC applied the provisions of the FC respecting this case
because the case was brought when the FC was already in effect. So,
they did not apply the provisions of the Civil Code.
According to the Court, that would have been sufficient recognition
on the part of Nicolas, that indeed Anacleto is his child. But, Nicolas
died when Anacleto was still a very young child. It was his mother
Joaquina, who brought up the child. In fact, it was she who gave
consent when Anacleto decided to get married.
And the other issue here is: May Anacleto now inherit from his
grandmother because he was named in the will?
The SC however said that there is no basis to find Anacleto to be
entitled to what is provided for in Joaquina's will in the absence of
the probate of the will. And while there was acknowledgment but
that cannot be extended by Joaquina because acknowledgment is
personal to the father. That cannot be extended by a relative of the
family.
Geronimo vs. Santos
GR#197099 09/28/15
This is the same with the case of Badua and Barbiera. There was this
issue involving inheritance. If you would notice, the issues here would
always be inheritance.
So according to the uncle, Karen, is never the daughter of his brother
Rufino and the wife Caridad. And there was this alteration on the
birth certificate of Karen. And this was never explained by Karen.
What instead she presented were the following documents:
1. She was named as a beneficiary in the GSIS Funeral Benefit of
the late mother
2. There was also waiver on the part of the mother when they
settled the estate of Rufino, where she waived her share in the
estate.
3. She also filed this petition to be the guardian over the property
and person of the child and of course the child using the
surname.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
All these, the SC said will not give rise to the presumption that Karen
is the child of the spouses because this was rebutted by the evidence
to the contrary by the uncle when he presented that certification
coming from the legal officer of the DECS that the mother had never
availed of any maternity benefits during the entire time that she was
teaching in that particular school. And of course the fact that there
was this inability to explain that irregularity in the Certificate of Live
Birth of Karen.
Another issue here is: May the status or the filiation of the child be
attacked collaterally?
The general rule is that you cannot collaterally attack one's filiation.
There must be a direct action impugning the filiation of the child. The
SC said it is allowed because Karen is not at all the child of the
spouses.
And yet in the case of Calimag vs. Macapaz:
Calimag vs. Macapaz
GR#191936 06/01/2016
In this case the SC said that they were able to prove their legitimate
filiation by showing that marriage contract of their parents. But
nonetheless, they also allowed collateral attack on the filiation of the
children.
The original issue was that Calimag was claiming that they were not
the legitimate children of Macapaz’s brother, so what they presented
was this birth certificate. This was questioned by Calimag on the
ground that what appeared only in the birth certificate of the children
is the signature of the mother. They argued that it must bear both
the signature of the father and the mother.
The SC however said, citing Roces vs. Local Civil Registrar of
Manila, that if the child is a legitimate child, it is not required that
both the father and the mother must sign the birth certificate of the
child. It is only in illegitimate filiation where if the father does not
recognize the child, only the signature of the mother must appear in
the birth certificate. And if the father recognizes the child, then it
must also bear the signature of the father. So it must bear both the
signature of the father and the mother.
And in relation to this, is the case of Barcelote vs. Republic, where
Ricky Tinitigan registered the birth of the children. This was not
registered by the mother because of the consequences of her illicit
relationship. So, Ricky took it upon himself to register the birth of the
children and the mother discovered this when she now tried to
register the birth of the children because they are school bound and
the school requires the presentation of the birth certificates. And
according to the SC, it was improper registration because it should be
the mother who must register the birth of the children, not the
father. And if, only if, he recognizes the child as his illegitimate child,
then his signature must also appear in the birth certificate. But it is
always the signature of mother that must appear in the birth
certificate of the child.
So, in Calimag, the purpose it allowed collateral attack on the filiation
of the children because it will ultimately determine their successional
rights, whether indeed they are entitled to the property of their aunt
who died without issue (no child).
So the act allowing legitimate children to use the surname of the
father is not mandatory. It is dependent on the child's choice. The
mother also cannot compel the child to use the surname of the
father. So, the legitimate child has the right of choice. The child
cannot be commanded by either parent. And the best case to that
is Grande vs. Antonio.
Page9
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020

Chapter 4. Legitimated Children

FM
Art. 177. Only children conceived and born outside of
wedlock of parents who, at the time of the conception of C W
the former, were not disqualified by any impediment to
marry each other may be legitimated. (269a)
S
Legitimation under article 177 is a remedy or process whereby a child
who is born outside a valid marriage and should therefore be illegitimate
C entered into a relationship with W, who gave birth to S. There was no
but by fiction of law becomes a legitimated child upon the valid
impediment at the time of conception of S. If the parents, F and M, were
subsequent marriage of the parents.
not married and then C died, S cannot inherit from the grandparents
because the grandparents are his illegitimate grandparents. But if the
Article 177 has been amended by RA 9858 where it now provides,
parents of F and M will subsequently marry after the death of C, S now
children conceived and born outside of wedlock of parents who, at the
will inherit from the grandparents, not as an heir but through right of
time of the conception of the former, were not disqualified by any
representation.
impediment to marry each other or becomes disqualified only because
either or both of them were below 18 years of age during the marriage,
may be legitimated. Art. 182. Legitimation may be impugned only by those who
are prejudiced in their rights, within five years from the
Amended Article 177 by 9858: time their cause of action accrues. (275a)

Art. 177. Children conceived and born outside of wedlock
of parents who, at the time of conception of the former,
were not disqualified by any impediment to marry each
other, or were so disqualified only because either or both
of them were below eighteen (18) years of age, may be
legitimated.
If the child is born without the parents having been validly married and
the only impediment at the time of the conception consists of the age of
either or both parents, the subsequent marriage of the parents will now
legitimize the child.
Art. 178. Legitimation shall take place by a subsequent valid
marriage between parents. The annulment of a voidable
marriage shall not affect the legitimation. (270a)
Art. 179. Legitimated children shall enjoy the same rights
as legitimate children. (272a)
You cannot call the legitimated child legitimate because at the time of
the conception of the child, there was no valid marriage. That is why by
fiction of law, he is called legitimated child. Although he has the same
rights as those of legitimate child, he is not legitimate child per se. (Art.
179)
When shall it (Legitimation) take place?
 By the subsequent valid marriage between the parents. The
annulment of the parents will not affect the legitimation of the
children. (Art. 178)
Just like legitimacy, legitimation can also be impugned.
Do not mistake Article 182 with Article 170:
 Article 170 only applies to impugning the legitimacy of a child
where the father or in exceptional cases, the heirs, are given 1, 2 or
3 years. And you count that 1, 2 or 3 year period, when there is
concealment. It only applies to impugning because last year, my
students have this difficulty in distinguishing the impugning the
legitimation vs. impugning the legitimacy.
 And if you would also notice the period here is 5 years from the
time the cause of action accrues, unlike that of the impugning the
legitimate filiation which is only maximum of 3 if the father or the
heirs (in exceptional cases) live in a country outside Philippines.
Who would be prejudiced?
 Not the father but the heirs.
 Why? Their share in the estate of the parents will be lessened. It
will be added to the share of the legitimated child because the right
of a legitimated child is the same as that of a legitimate child. So,
through succession, the legitimated child is entitled to the same
share with the legitimated child.
What are the grounds where the heirs, in cases of legitimation, may
impugn the legitimation of the child?
1. The subsequent marriage is void; or
2. The child is not the child at all of the father.

Art. 180. The effects of legitimation shall retroact to the

time of the child’s birth. (273a)

What is the effect of legitimation?

 It will retroact to the date of birth of the child, not at the time of
marriage.

Art. 181. The legitimation of children who died before the

celebration of the marriage shall benefit their descendants.
(274)

This is true when we talk of succession because without the valid

marriage of the parents, the child cannot inherit if the parents of the
child should predecease his parents, there is that Iron Bar Rule.
Page10

TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020

ADOPTION consequences even if they are legally separated, the

Art. 190. Legal or intestate succession to the estate of the
adopted shall be governed by the following rules:
3.
1. Legitimate and illegitimate children and descendants and
the surviving spouse of the adopted shall inherit from the
adopted, in accordance with the ordinary rules of legal or
intestate succession;
other spouse must still join the petition for legal
adoption.
If an alien, the alien must come from a country with whom the
Philippines has diplomatic relations.
a. But, as a general rule, under the FC, aliens are not
allowed to adopt. There are exceptions. Who are these
aliens qualified to adopt under the FC. Such is no longer
true in R.A. 8552, the Domestic Adoption Act of 1998.

2. When the parents, legitimate or illegitimate, or the 4. The trial custody of 6 months.
legitimate ascendants of the adopted concur with the a. The exception is found in R.A. 8552. If, the adopter is a
adopter, they shall divide the entire estate, one-half to be Filipino, the period may be reduced if the court finds the
inherited by the parents or ascendants and the other half, same to be in the best interest of the child.
by the adopters;
Distinctions between the FC and the Domestic Adoption Act of 1998
3. When the surviving spouse or the illegitimate children of  Aside from allowing the adoption of a relative by consanguinity up
the adopted concur with the adopters, they shall divide the to the fourth civil degree under 8552, it now allows the adoption of
entire estate in equal shares, one-half to be inherited by a relative by affinity.
the spouse or the illegitimate children of the adopted and o This is not true under the FC.
 There is no right on the part of the adopting parent to seek
the other half, by the adopters.
rescission of the decree of adoption under 8552.
o Under the FC, both the adopted child and the adopter
4. When the adopters concur with the illegitimate children
may seek rescission of the decree of adoption for causes
and the surviving spouse of the adopted, they shall divide mentioned in the FC.
the entire estate in equal shares, one-third to be inherited  With respect to successional rights.
by the illegitimate children, one-third by the surviving o Under the FC, the adopted child remains an intestate
spouse, and one-third by the adopters; heir of the biological parents.
o If we talk of 8552, is he still an intestate heir of the
5. When only the adopters survive, they shall inherit the biological parents? No.
entire estate; and  XPN: Unless there is a will.
 The husband and wife must jointly adopt; but
6. When only collateral blood relatives of the adopted o Under 8552, the adoption need not be joint if the
survive, then the ordinary rules of legal or intestate spouses are legally separated.
succession shall apply. (39(4)a, PD 603)  Under FC, aliens are not qualified to adopt.
o Under 8552, aliens are qualified to adopt. But are under
Provisions common to the Family Code, to the Intercountry Adoption certain conditions. What are those conditions?
Act of 1995, and the Domestic Adoption Act of 1998. 1. That his/her country has diplomatic relations
1. The Adopter must be at least 16 years older than the child to be with the Republic of the Philippines
adopted, subject to the exceptions. 2. Must be residing 3 continuous years prior to
a. Except, of course, under R.A. 1843 that requires an the filing of the application for adoption and
additional requirement, whereby, the adopting parent maintains such residence until the adoption
must be at least 27 years of age. decree is entered
2. If married, the husband and wife must jointly adopt. 3. Certificate of legal capacity: that he/she has
a. But, this was amended by R.A. 8552, which would no been certified by his/her diplomatic or
longer require the joint adoption of H&W whose consular office or any appropriate
marriage is not terminated but are legally separated; government agency that he/she has the
b. The reason is merely to harmonize the provisions of the legal capacity to adopt in his/her country,
Family Code on the effects of legal separation. Because and that
one of the effects of legal separation is that the custody 4. his/her government allows the adoptee to
and parental authority of the children shall be given to enter his/her country as his/her adopted
the innocent spouse. Subject to the exceptions provided son/daughter
for in Art. 213. o But, if the adopting parent is a former Filipino citizen, is
the 3 year continuous residency period mandatory?
So if the spouses are legally separated, why would the What about the certificate?
other spouse join in the adoption, when the H or W is  The requirements on residency and
deprived of parental authority? certification of the alien's qualification to
adopt in his/her country may be waived for
Parental authority is only vested on the adopting parent. the following:
In fact, the child adopted shall use the surname of the a. a former Filipino citizen who
adopting parent. So if they are legally separated, the seeks to adopt a relative within
spouse who did not join or who does not want to adopt the fourth (4th) degree of
will also be forced to use his surname and would also consanguinity or affinity; or
share, in the event of the death of the father, the b. one who seeks to adopt the
children, with respect to the estate, would only become legitimate son/daughter of
vested on the death of the parent. So what they would his/her Filipino spouse; or
c. one who is married to a Filipino
Page11

receive at the time of the declaration of legal separation

is the presumptive legitimes. So, there are several citizen and seeks to adopt jointly
with his/her spouse a relative
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
within the fourth (4th) degree of
consanguinity or affinity of the
Filipino spouse;
So now in 8043, who may adopt?
 16 years older but must be at least 27 years of age.
As to the child to be adopted?
 Under the Domestic Adoption Act: should be minors.
 Under 8043: below 15. Meaning, 14 years and below.
If the adopting parent has children over 10 years of age?
 RA 8552: the written consent of the children over 10 years of age
is required.
 RA 8043: Their consent must be in a form of a sworn statement.
Where shall the petition for adoption be filed?
1. Domestic Adoption – family courts.
2. 8043 – Family courts OR the inter country adoption board where
the adopting parent is residing.
a. Now, for Filipinos to avail of 8043, they must be
permanently residing abroad.
With respect to the trial custody period, where shall it be held?
 In the place or the country of the adopting parent in 8043.
o Purpose: To allow the child to adapt to the new culture.
Effect if the court grants the decree of adoption
1. Retroacts to the date of the filing of the petition. When?
a. If after publication, no opposition is interposed, it is
deemed to have taken effect at the time the first
petition had been filed.
b. Even if the adopting parent dies, prior to the grant of
the decree of adoption, the child is deemed to have
been legally adopted by the deceased adopting parent.
2. When shall it be deemed to have taken effect, when there is the
death of the adopting parent?
a. When the court already heard the petition. What is only
required or awaited for is the decision granting the
petition for adoption.
Why is there that retroactivity?
Because the adoption is for the best interest of the child. The primary
purpose for adoption is to provide the child a permanent home, not for
the benefit of the adopting parent. Always for the benefit of the child.
That is why, only the child may seek rescission of the decree of adoption.
That is no longer granted in 8552.
What happens if the court grants the petition of the petition for
adoption, what happens to the birth certificate of the child?
There would be an amendment to the certificate of birth.
What happens to the original birth certificate?
Cancelled. But, all the proceedings herein are confidential. So, it cannot
be simply obtained in the office of the Local Civil Registrar. There must
be a court order.
Is there a need to annotate in the new birth certificate that the child is
a child by reason of adoption?
The law is silent. It is not mandatory that there must be that annotation.
That requirement on the retroactivity of the decree of adoption is only
when it is for the benefit of the child. Not when an obligation is imposed.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
Adoption
R.A. No. 8043
R.A. No. 8043 is different from the Family Code and the Domestic
Adoption Act because this only applies to foreigners who do not wish
to comply with what is provided for in R.A. No. 8552 where they are
required to continuously reside in the Philippines prior to and
immediately after the grant of the decree of adoption.
 Because under R.A. No. 8043, no residency requirement is
necessary.
 This also applies to foreigners and Filipinos permanently residing
abroad.
While it is true that the prospective adopter must be at least be 16 years
older than the adopted child, there is the further requirement that the
adopting parent has to be at least 27 years of age.
 One of the reasons why there may be that age requirement is that
if we talk about the United States, there is no prohibition on the
adopting parent marrying the adopted child.
This happened of the Spouses Andre Priven (a famous conductor)
who is married to a model, Twiggy. One of their adopted children
is a South Korean child and when the child was, I do not know how
old she was, Andre divorced the wife and married the South Korean
child, Sonia. Because under our law, of course that would be
considered as void by reason of public policy.
Wiki Check: Previn's third marriage, in 1970, was to Mia Farrow,
whom he began dating in 1968. Previn and Farrow had three
biological children together—fraternal twins Matthew and Sascha,
born before they were married, and Fletcher, born in 1974. They
then adopted Vietnamese infants Lark Song and Summer "Daisy"
Song (born October 6, 1974), followed by Soon-Yi Previn, a Korean
child whose age a physician's bone scan placed between six and
eight years old and whose unknown birth date her adoptive parents
estimated as October 8, 1970. Previn and Farrow divorced in 1979.
Lark died on Christmas Day 2008. In the aftermath of the scandal
involving Soon-Yi and Mia Farrow's partner Woody Allen, Previn
said of Soon-Yi, "She does not exist."
And if the adopting parent has children over 10 years of age, the consent
is not only in writing, but it must be in the form of a sworn statement.
Likewise, the child to be adopted must be below 15 (or 14 years old
below – the word “below” is usually forgotten. If you write “must be 15”,
then that would be wrong.)
 Must be at least 14 years of age below because in both the Family
Code and the Domestic Adoption Act of 1998, it is only below 18 or
a minor. But this was of course amended because of R.A. No. 6809.
Where can one file this petition for adoption under R.A. No. 8043?
The requirement on the filing of the petition will be made either:
1. Here in the Philippines before the Family Court or the equivalent
of the Regional Trial Court.
2. Or if it would be very expensive on the part of the adopting parent,
then the adopting parent can file the petition before the Inter-
Country Agency Board because it will really be expensive on the
part of the foreigner or Filipino to be adopting a Filipino child.
By the way, R.A. No. 8043 is the last resort.
 It must be shown that no Filipino family in the Philippines is
interested to adopt the child. And in fact, it limits the adoption to
only 600 per year.
And of course, the trial custody period must be done in the country
where the adopting parent is residing.
Page12
 The purpose of which is to allow the child to adapt to the new
environment, culture, everything.
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
They also have to shoulder the expenses for the DSWD Officer who
would monitor the progress of the child.
So that’s essentially R.A. No. 8043. Whether the child can succeed or not,
that would also depend on the law on succession under the country
because there are certain countries where there are no compulsory heirs,
unlike in the Philippines where we have compulsory heirs.
R.A. No. 8552
Now R.A. No. 8552 on the other hand, allows the alien to adopt.
 The only requirements:
o The alien must be residing for 3 continuous years prior
and immediately after the grant of the decree of
adoption.
o And there must be that certificate that must be issued.
 Although this requirement is relaxed if the
prospective adopting parent is a former
Filipino citizen.
Now another feature in R.A. No. 8552 not found the Family Code:
1. In the Family Code, it limits only to a relative by consanguinity (by
blood), up to the 4th civil degree.
2. Under the Domestic Adoption Act, it would include relatives by
affinity (so in-laws), up to the same civil degree.
And another important feature of course is if they are legally separated,
there is no need for the other spouse to join the petition for adoption.
And if there are children 10 years of age, there must be the consent in
writing.
Another feature not found in R.A. No. 8552 is the prohibition on the part
of the adopting parent to have the decree of adoption rescinded.
 The right to rescind the decree of adoption is solely granted to the
adopted child.
And while under the Family Code, the adopted child remains an intestate
heir of the parent by nature or the biological parent;
 Under R.A. No. 8552 it says that can only inherit by will.
 In legal and intestate succession, the adopters and the adoptees
shall have reciprocal rights of succession without distinction from
legitimate filiation. Now this refer only, without distinction, refers
only to the immediate family members. Meaning, the father of the
adopting parent and the children of the adopting parent.
In short, the adopted child cannot inherit from the parent of the
adopting parent. The adopted child does not become the grandchild of
the parent of the adopting parent. Among the siblings, they are brothers
and sisters. But it will not extend to the cousins of the siblings. It is purely
within the family of the adopting parent. It cannot extend beyond that.
So, there is no right of representation in the event that the adopting
parent dies. While it is true that the adopted child shall have the same
rights as a legitimate child, but not with respect to succession respecting
succeeding from the ascendants or the descendants. It is only limited
between the adopted child’s siblings and that of the adopting parent.
And in fact, if the adopting parent was not married yet at the time of
adoption, and then subsequently the adopting parent marries, the child
cannot carry the surname of the spouse of the adopting parent.
 Unless, the spouse of the adopting parent should adopt the
adopted child. And cannot also inherit from the spouse of the
adopting parent who did not adopt the child.
 This is because the fiction of law is only limited to those who are
strictly within the meaning of the immediate family of the adopting
parent.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
When is it effective retroactively?
It becomes effective retroactively only if it is for the sole benefit of the
adopted child.
 In fact, the law provides that as soon as the petition for adoption is
published, and there is no opposition to the petition, then the child
is deemed to be adopted from the time that the original petition
was filed in court.
o So, the reason being that the adoption is for the best
interest of the child. To provide the child a normal home
life. It is not for the benefit of the adopting parents. It is
for the benefit of the child.
 But not when it imposes a burden on the child. There can be no
retroactive effect if a burden is imposed on the adopted child such
as obligations – that’s the perfect example of a burden.
As to the birth certificate, of course it will not bear the fact that the
child is adopted but it is found in the books because there will be an
amendment to the Certificate of Live Birth of the child. It will be canceled,
and a new birth certificate will be issued. This will be reflected in the
books but not on the new birth certificate that will be issued.
Now I remember, I was watching this Raffy Tulfo. There was this woman
who was claiming that she is an adopted child. But was asked whether
she was in possession of the birth certificate. She said no. So, he called up
this lawyer who said that the only proof that you are adopted is the birth
certificate – that’s dumb.
 Because the best proof is the record from the court, regardless of
how many years it had been. Because it is a public document, a
copy of which is always available from the archives of the National
Statistics Office.
Cases involving adoption
Tamargo vs. CA
209 SCRA 518, June 03, 1992
FACTS: This refers to a child that had already been adopted.
Unfortunately, the adopting parents cannot yet take custody over the
child because at the time the decree of adoption was issued, the
adopting parent were out of the country. So, the child has to remain
in the custody of the biological parents. So, while there, the child
committed a tort.
ISSUE: Who will now be liable for the civil liability arising out of that
tort committed by the adopted child?
Contention: The biological parents of course denied any
responsibility because as soon as the decree of adoption is granted,
which is correct, parental authority is terminated and is now
transferred to the adopting parents.
HELD: The Court said that it is still the biological parents who are
responsible for the liability arising from the tort committed by the
child because it would be unjust to hold the adopting parents liable
in as much as they were not in actual custody and supervision over
the child.
Lahom vs. Sibulo
406 SCRA 135, July 14, 2003
HELD: It was too late for the petitioner to file this petition for
rescission of the decree of adoption.
The Domestic Adoption Act of 1998 had already taken effect which
prohibits or bars the adopting parent from seeking rescission of the
decree of adoption. And according to the Court, she had other
Page13
remedies, and one of which is to disinherit the adopted child.
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
Landingin vs. Republic
493 SCRA 415, June 27, 2006
HELD: There were several reasons advanced by the Court why the
petition for adoption cannot be granted.
For one, it was proven that the petitioner is financially incapable of
providing support for the child. While it is true that her children, who
are all gainfully employed in the United States of America, promised
also to provide support, but the Supreme Court said that support is
purely personal on the part of the person obliged to provide
support. It cannot be extended by those who have no obligation
whatsoever.
Second, that while there was this allegation of consent on the part of
the mother of child, but it was not the petitioner herself who had
talked to the mother. Actually, it was the DSWD Officer, Pagbilao,
who talked to the mother. And there was failure on the part of the
petitioner to present Pagbilao to the Court who would have
testified on the alleged consent given by the mother.
Likewise, in contrast with what she alleged that there was
abandonment, the testimony of the eldest of the children would
prove otherwise. Because she testified that whenever she would
have problems, she would be calling the mother and there was this
support that was given through the maternal grandmother. So, they
are given a share of the money that was sent by their mother
through the maternal grandmother.
Likewise, assuming that there really was abandonment, there was no
consent. Because as you remembered, the children were under the
custody of the paternal grandmother who died, and it was the
paternal uncle who took custody over the children. So, it should be
the paternal uncle who should give consent to the adoption of the
children.
In Re: Petition for Adoption of Michelle and Michael Jude Lim
588 SCRA 98, May 21, 2009
This was asked twice in the Bar already.
FACTS: This refers to the petitioner taking advantage of Section 22
Rectification of Simulated Births under R.A. No. 8552. This is a
General Santos City case. The children were about 11 days old when
they were delivered to the Spouses Lim. But they immediately
registered the children as their legitimate children. Of course,
provided and sent the children to the most expensive school in
General Santos.
However, because simulation of birth is criminally punishable under
the Revised Penal Code. So, she wanted to rectify the erroneous entry
in the birth certificate of the children.
Commentary: Simulation of birth is very common among Filipinos
especially those who comes from the province who recently got free
from strict parents, who then becomes wild. They have a
relationship, becomes pregnant and becomes problematic –
pregnant without the father. In our office, I have encountered so
many. In fact, one was offered to me. My son just didn’t want me to
adopt. I had an officemate who has 3 children, all simulated. I told
her that there’s a danger to that. Why? Because when the woman is
about to give birth and she register in the hospital the name of my
co-employee, what if she dies? It would appear that my co-employee
died, not the mother. So, you see the ramifications of simulation of
birth? I have talked to the Local Civil Registrar who came to my office
who says he is doing an investigation – Why? It is impossible to give
birth at home at the age of 46 years old. There will always be
complications. So, they also would conduct investigations.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
So, for relationships, go for Trust. Because there are several flavors.
Otherwise, there will be regrets. And then you would try to find who
would be willing to accept the child. Have pity on the child.
Continuation of facts: So that’s what was also done in this case. What
she did is to rectify. Unfortunately, at the time of the filing of the
petition of adoption, by the way, she had been widowed (the
husband died). So, she remarried. The second husband is an
American and had already in fact filed a petition for dissolution of
their marriage. So that was why, when she filed this petition for
adoption, the husband no longer joined the petition because there
was this pending petition for dissolution of the marriage.
And of course, this was opposed by the Republic. One of the grounds
cited by the petitioner is that the children being emancipated and
thus no longer under her parental authority, would no longer require,
because in fact, Michelle is already married, and the husband
consented to the adoption. But that is only one of the effects of
emancipation: termination of parental authority.
HELD: But nonetheless, even if they were fully emancipated, it
would still require the consent of the other spouse in petitions for
adoption. And as much as it was not shown that the marriage already
has been dissolved so there must be a joint petition for adoption.
Castro vs. Gregorio
738 SCRA 415, October 15, 2014
FACTS: This involved a lawyer who was earlier supposedly disbarred.
And this issue now on the adoption of Jed and Regina who actually
left their Parañaque home and went back to his hometown in Ilocos,
bringing with him Larry Rentegrado. And maybe he loved Larry, he
decided to adopt the children of Larry and Lilibeth by making it
appear that Jed and Regina were his illegitimate children with
Lilibeth. And to forego the written consent of the child Joan, he
alleged before the Court that they have no children and that he and
Rosario has been separated.
But there was still that consent because for it is true that the law
requires that there must be that joint petition for adoption, one of
the exceptions would be if the parent would be adopting his
illegitimate child then only consent is required. So, there was no
affidavit of consent. There was no summons that were served
personally to Rosario and Joan. Instead, there was merely a
publication of the petition for adoption.
So, this was discovered by Rosario 5 years after the decree of
adoption has become final and executory. So, there is no more basis
for the rescission instead it should be the annulment of judgment of
the decree of adoption because there was extrinsic fraud that was
employed by Jose. The fraud consisting of depriving Rosario and the
child Joan from actively participating in that hearing for the adoption
of Jed and Regina.
The affidavit of consent was actually a forgery. Rosario’s signature
thereto was forged. On the other hand, the children contended that
there was proper notice through publication because as a general
rule, publication is notice to the whole world. So, they were deemed
notified of the petition of adoption by reason of publication.
HELD: The Supreme Court said however, that publication is
insufficient. There must be a personal service of the summons and
the copy of the petition for them, for Rosario and Joan, to
participate in the proceedings. Because of the consequences in the
event that the petition should be granted.
Page14
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020

For one, it would affect the legitime of the child. And the other defect
that was noticed by the Court is of course the complete absence of
the written consent of Joan which is required under R.A. No. 8552.
So, in short, the Supreme Court said that adoption has to be annulled.
It was just too late in a day because Jose now is dead. So, there can
be no more criminal liability that can be charged to him.
Bartolome vs. SSS
740 SCRA 78, November 12, 2014
HELD: The Supreme Court applied by analogy Section 20 on the
reversion of parental authority to the parent by nature by reason of
the death of the adopting parent. There is no more need to file a
petition before the court for reversion of the parental authority
because at the time of the death of Cornelio, the adoptive father,
John was only about 5 years old. So, according to the Court, by
analogy that parental authority is reverted back.
And likewise, Bernardina is still entitled to the benefits due, applying
Article 190 of the Family Code, number 2, Bernardina being the
mother, whether legitimate or illegitimate. As it is only the
ascendant who must be legitimate to be entitled to the benefits.
Question from Student: With regard to the case of Tamargo, since it
was said that it will only retroact to the filing of the petition if it’s
beneficial to the child. What are these kinds of benefits that the child
could get?
Under the Civil Code, it used to be “in keeping with the social position.”
Of course, we have families before who are aside from being socially
well-placed, are also financially well-placed. But the trouble with
children of these persons, because they did not labor for the acquisition
of these properties or wealth, they would dissipate it. Because they do
not appreciate the labor that was actually done by their parents. Because
for them, they just receive and receive. So today, it would be more in
keeping, if it is “financial capacity.” So, if you can only afford the box
house type, why live in those gated communities?
Paragraph 2: The education of the person entitled to be supported
referred to in the preceding paragraph shall include his schooling or
training for some profession, trade or vocation, even beyond the age of
majority. Transportation shall include expenses in going to and from
school, or to and from place of work. (290a)
– If you can only afford the services of a jeepney, why ride a Grab?
2004 Bar Q: What are the characteristics of Support?
1. It is purely personal.
a. Founded on personal necessity;
b. Hence the decision of the Court in the case of
Landingin.
2. It is intransmissible or non-assignable.
a. As it is personal & needed for survival.
3. It is not subject to execution or attachment.
a. Just like the family home

Commentary: Donation – If prior to the petition, the adopting parent 4. It is never fixed because it is always subject to the needs of
had already…Do you remember our discussion of Article 37 on the recipient as well as to the financial resources of the
juridical capacity? That is an example. There is a donation for a child person obliged to provide support.
to be adopted. But if there is an imposition of an obligation,
definitely, that will not be. In fact, when we go later to emancipation 5. Reciprocal on those bound to support each other.
that covers the age of majority, there is also a provision there that a. Who are bound to support each other: Article 195
those that are beneficial to the child but would be removed by reason i. The spouses;
of the emancipation would still be considered as part of the child’s ii. Legitimate ascendants and
right. descendants;
iii. Parents and their legitimate
children and the legitimate and
TITLE VIII illegitimate children of the latter;
b. And if there are 2 or more persons obliged to
SUPPORT provide support: Article 199
i. The spouse;
ii. The descendants in the nearest
Art. 194. Support comprises everything indispensable for
degree;
sustenance, dwelling, clothing, medical attendance,
iii. The ascendants in the nearest
education and transportation, in keeping with the financial degree; and
capacity of the family. iv. The brothers and sisters.

The education of the person entitled to be supported 6. It is demandable from the time it is needed, although payable
referred to in the preceding paragraph shall include his only from the time of demand, extrajudicial or judicial.
schooling or training for some profession, trade or vocation, a. When it is demandable: From the time it is needed
even beyond the age of majority. Transportation shall but there must be judicial or extrajudicial demand
include expenses in going to and from school, or to and (Article 1169 of the Civil Code). Otherwise, the
from place of work. (290a) person obliged to give support shall be in delay
and thus liable for damages.
The definition of Support is found in Article 194. Paragraph 1 refers to b. The relationship between the parties of support is
Legal Support: that of a debtor and a creditor (you are a creditor,
Support comprises everything indispensable for: so you can demand support from your parents).
1. sustenance,
2. dwelling, 7. Demandable even if the recipient is beyond the age of
3. clothing, majority, as long as:
4. medical attendance, a. It is needed;
5. education and b. The obligor has the capacity to give support.
6. transportation.
8. Demandable even if the recipient is already married.
Page15

This is based on financial capacity. a. It is needed;

b. The obligor has the capacity to give support.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
Art. 195. Subject to the provisions of the succeeding
articles, the following are obliged to support each other to
the whole extent set forth in the preceding article:
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 (291a)
Who are those obliged to support each other? Art. 195 is the answer.
1. The spouses.
a. The obligation to provide support under Art. 68. That
aside from the obligation to live together, there is also
that obligation to support. It springs from the fact of
marriage.
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.
Art. 196. Brothers and sisters not legitimately related,
whether of the full or half—blood, are likewise bound to
support each other to the full extent set forth in Article 194,
except only when the need for support of the brother or
sister, being of age, is due to a cause imputable to the
claimant’s fault or negligence. (291a)
Claimant’s fault
You graduated from college but your allowance is 1000 a day. But no one
would hire you because the job requires “with minimum experience of
at least 6 months”. Unless you have a MBA (May Backer Ako). Unless you
own a corporation, you start at the top. But if you really want to start at
the bottom, you end up as clerk. As a clerk, you’ll do photocopies for
your co-employees of higher position and you’ll only receive 400 a day.
So, what will you do? “Dad, I decided to take up law”. And then he will
double your allowance. From 1000 to 2000.
So, under 196, you don’t have to work. Why should I be part of the BPO
industry when there is no night life? Why should I work starting from the
bottom when in the house, I am the boss? That is imputable to your fault.
You cannot demand support from those obliged to give support.
Art. 197. In case of legitimate ascendants; descendants,
whether legitimate or illegitimate; and brothers and sisters,
whether legitimately or illegitimately related, only the
separate property of the person obliged to give support
shall be answerable provided that in case the obligor has
no separate property, the absolute community or the
conjugal partnership, if financially capable, shall advance
the support, which shall be deducted from the share of the
spouse obliged upon the liquidation of the absolute
community or of the conjugal partnership. (n)
Always remember that those who have illegitimate children cannot
charge the support for the said illegitimate children against the
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
community property because these are referred to as personal
obligations.
 It must be first proven that the parent obliged to give support to
the illegitimate child has insufficient means or has no property to
provide the support.
More so, if the property regime of the spouses is the conjugal
partnership because as decided by the Supreme Court, there is no duty
on the part of the conjugal partnership property to make advances on
obligations that did not redound to the benefit of the family. Unless it is
shown that all the responsibilities mentioned in Art. 121 have been fully
satisfied. Then and only then can the support for illegitimate children be
charged against the conjugal partnership.
Art. 198. During the proceedings for legal separation or for
annulment of marriage, and for declaration of nullity of
marriage, the spouses and their children shall be supported
from the properties of the absolute community or the
conjugal partnership. After the final judgment granting the
petition, the obligation of mutual support between the
spouses ceases. However, in case of legal separation, the
court may order that the guilty spouse shall give support to
the innocent one, specifying the terms of such order. (292a)
This refers to the support pending litigation or support pendente lite.
During the pendency of the proceedings for legal separation, annulment
of marriage or declaration of nullity, the support for those who are
entitled to receive support:
1. the spouse,
2. the common children, as well as
3. legitimate children of either spouse from a previous marriage
shall be taken against the community property prior to the decision of
the Court granting petition.
In legal separation, remember that this must be prayed for in order for
the innocent spouse to be entitled to support because the law merely
grants the right to receive support on the common children. It will not
extend to the innocent spouse.
 If the innocent spouse wants to receive support, this must be
included in the petition for legal separation, part of the prayer.
Without that, it is not a matter of right. There must be that grant,
specifically by the Court, granting the innocent spouse the right to
receive support even after the grant of legal separation.
Art. 199. Whenever two or more persons are obliged to
give support, the liability shall devolve upon the following
persons in the order herein provided:
1. The spouse;
2. The descendants in the nearest degree;
3. The ascendants in the nearest degree; and
4. The brothers and sisters. (294a)
This refers to a situation whereby there are two or more persons obliged
to provide support. The order of priority shall be observed. First is you
demand.
1. If one is married, demand the support from the other spouse.
2. Then if there is no spouse, even if (3) is more financially capable
than (2), he must first demand support from (2).
3. In the absence of the descendant in the nearest degree, you go up
– the ascendant in the nearest degree. Otherwise, you go sideways
– brothers and sisters.
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 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
Suppose the descendants would consist of the legitimate and
illegitimate children.
 Under the Civil Code, it should be first the legitimate children who
are obliged to provide support.
 But such is not carried over in Art. 199 so both can be liable for
support.
How much?
 It will always be in proportion to the resources of the person
obliged.
Under support, the parties are the creditor and debtor.
The relationship here is creditor and debtor, not parent and child. The
child is the creditor, the parent is the debtor. That is why it is couched in
the word “demand”.
Art. 200. When the obligation to give support falls upon
two or more persons, the payment of the same shall be
divided between them in proportion to the resources of
each.
However, in case of urgent need and by special
circumstances, the judge may order only one of them to
furnish the support provisionally, without prejudice to his
right to claim from the other obligors the share due from
them.
When two or more recipients at the same time claim
support from one and the same person legally obliged to
give it, should the latter not have sufficient means to satisfy
all claims, the order established in the preceding article
shall be followed, unless the concurrent obligees should be
the spouse and a child subject to parental authority, in
which case the child shall be preferred. (295a)
Other terms for creditor and debtor are obligors and obligees. The
obligor is the debtor, obligee is the creditor.
When two or more recipients at the same time claim support from one
and the same person legally obliged to give it, should the latter not have
sufficient means to satisfy all claims, the order established in the
preceding article shall be followed, unless the concurrent obligees should
be the spouse and a child subject to parental authority, in which case the
child shall be preferred.
The third paragraph applies in a situation where there are 2 or more
recipients. Who will be given priority?
GR: It says “the order established” so that would refer to Art. 199. The
order of preference would always be the spouse.
XPN: Unless the concurrent obligees should be the spouse and a child
subject to parental authority, in which case the child shall be preferred
 The child here is not qualified. It might refer to legitimate or
illegitimate.
Decisions involving support will never be fixed because of Arts. 201 and
202.
Art. 201. The amount of support, in the cases referred to in
Articles 195 and 196, shall be in proportion to the resources
or means of the giver and to the necessities of the recipient.
(296a)
Art. 202. Support in the cases referred to in the preceding
article shall be reduced or increased proportionately,
according to the reduction or increase of the necessities of
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
the recipient and the resources or means of the person
obliged to furnish the same. (297a)
In short, while you were still in college, your tuition fee is lesser than the
tuition fee at the College of Law. So, when you started law, the amount
of support for your tuition can be increased.
Suppose, what you are receiving is in excess of the legal support under
Art. 194 and the support comes from a sibling working abroad because
your parents are already retired. The obligation to provide support has
now devolved on the sibling. You are studying law and then your sister
or brother does not know the actual cost of your books, and then he or
she found out that what he or she has provided is in excess of the legal
support under Art. 194. Can it be a subject of compensation?
Compensation is not the salary or wage that you receive. It is one of the
modes of extinguishing an obligation. Another word for it is off-setting.
If the support given is in excess of what you actually need, it cannot be
the subject of compensation. Meaning, the brother or the sister cannot
say that “You will not have an allowance next month because we will off-
set it with the excess.”
Art. 203. The obligation to give support shall be
demandable from the time the person who has a right to
receive the same needs it for maintenance, but it shall not
be paid except from the date of judicial or extra—judicial
demand.
Support pendente lite may be claimed in accordance with
the Rules of Court.
Payment shall be made within the first five days of each
corresponding month or when the recipient dies, his heirs
shall not be obliged to return what he has received in
advance. (298a)
This is actually a reiteration of Art. 1169 of the Civil Code on obligations.
Why is there a need of a demand? Whether judicial (you file a petition
for support in the Court) or extrajudicial (you write or thru a lawyer,
demand for support).
 The purpose why you have to make a demand is to place the obligor
in delay so that you will be entitled to damages.
Support pendente lite may be claimed in accordance with the Rules of
Court.
This refers to pending litigations whether annulment, legal separation,
or nullity.
When shall payment be made?
Payment shall be made within the first five days of each corresponding
month. When the recipient dies, his heirs shall not be obliged to return
what he has received in advance.
Like, if it is given for the whole year and then the recipient dies on the 6th
month. The heirs are no longer required to return the advance.
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Art. 204. The person obliged to give support shall have the
option to fulfill the obligation either by paying the
allowance fixed, or by receiving and maintaining in the
family dwelling the person who has a right to receive
support. The latter alternative cannot be availed of in case
there is a moral or legal obstacle thereto. (299a)
The person obliged to give support has two options:
1. Paying the allowance fixed
2. By receiving and maintaining in the family dwelling the
person who has a right to receive support.
a. This cannot be availed of in case there is a moral
or legal obstacle thereto.
This was applied by the Supreme Court in the cases of Mangonon v. CA
and Lim v. Lim.
Mangonon v. CA
494 SCRA 1 , June 30, 2006
FACTS: The father was found out to be without employment. He was
dependent on Don Paco Delgado for support. Thus, from the
descendant, it goes now to the ascendant. The ascendant nearest in
degree is the grandparent. Don Paco Delgado said, “I have the option.
My option is to receive in the family dwelling the persons entitled to
receive support.”
HELD: The Supreme Court said no. With the filing of the case and as
well as what had occurred during the entire time when the case was
heard, it would be impossible to see the twins going back to the
house of Don Paco. So, it would be better that they would simply
receive the allowance fixed.
Lim v. Lim
604 SCRA 691 , October 30, 2009
FACTS: The children were still all minors. Edward, the father was
actually merely an employee. He was only receiving ₱6,000. The
support that is supposed to be given to the children who are already
school-bound is ₱40,000. So, the ₱34,000 is to be given by the
paternal grandparent. Likewise, the paternal grandparent wanted to
exercise the second option.
HELD: The Supreme Court said that there is a moral obstacle for
Cheryl to return to the house where she witnessed the infidelity of
the husband. Take note that in this case, Cheryl cannot demand
support from the in-laws. It is only the immediate blood relative who
would be entitled to receive support from the ascendants. Thus, the
daughter-in-law is a stranger and the obligation to provide support
to the wife is with the husband.
De Asis v. CA
303 SCRA 176 , February 15, 1999
The Supreme Court said that the agreement of the mother and the
alleged father of the child to have the counter claim dismissed, if she
would dismiss the petition for support, is tantamount to renunciation
of the child to receive future support. That is void.
Gan v. Reyes
382 SCRA 357 , May 28, 2002
When the judgment for support is granted by the Court, it cannot be
stayed by an appeal. Meaning, the writ to levy on execution, the
amount that is supposed to be received by the child cannot be stayed
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by an appeal. Because if there is an appeal, then the Court cannot
execute what is in the Order. The Supreme Court said in this case that
decisions involving support are immediately final and executory.
Dolina v. Vallecera
GR NO. 182367 12/15/2010
The Court held here that the complaint for violation of RA 9262 filed
by the woman against the man is actually a petition for support. This
was opposed by the accused because there was yet that question on
the filiation of the child. There must first be recognition of the child
before support will follow.
Lim-Lua v. Lim-Lua
GR NO. 175279 06/05/2013
What may be deducted from support in arrears? The wife here is
demanding support in arrears. What can only be the subject of
deduction with respect to support in arrears are those mentioned in
Art. 194. It cannot include the expenses for the repair of the cars of
the children.
BBB v. AAA
750 SCRA 188 , February 09, 2015
This case is the application of the Principle of Estoppel. BBB and AAA
lived together. Prior to their relationship, AAA already had a minor
child from a previous relationship, CCC. When they already had 2
children, they decided to get married. By reason of the marriage, the
children were legitimated, and BBB included CCC. The marriage did
not last. They separated and so, AAA instituted now a complaint for
support. BBB claimed that he cannot be obliged to provide support
to CCC because CCC is not his child. The Supreme Court applied Art.
1431 on the Principle of Estoppel. He trifled with the effects of
legitimation and thus Estoppel is applied.
PGMC v. AAA
GR No. 201292, August 1, 2018 (Del Castillo)
AAA filed a complaint against BBB who is a member of the AFP for
support. It was decided in favor of AAA whereby the Court ordered
the PGMC to release ½ of the pension of BBB in AAA’s favor. PGMC
claimed that (1) it was not impleaded in the complaint for support
and (2) pensions are not subject to execution or attachment pursuant
to PD 1638. What was the decision? It’s for you to read.
From the FT:
Section 8(g) of R.A. No. 9262 used the general term "employer,"
which includes in its coverage the military institution, S/Sgt. Yahon's
employer. Where the law does not distinguish, courts should not
distinguish. Thus, Section 8(g) applies to all employers, whether
private or government.
It bears stressing that Section 8(g) providing for spousal and child
support, is a support enforcement legislation. In the United States,
provisions of the Child Support Enforcement Act allow garnishment
of certain federal funds where the intended recipient has failed to
satisfy a legal obligation of child support. As these provisions were
designed 'to avoid sovereign immunity problems' and provide that
'moneys payable by the Government to any individual are subject to
child support enforcement proceedings,' the law is clearly intended
to 'create a limited waiver of sovereign immunity so that state courts
could issue valid orders directed against Government agencies
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 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
Art. 205. The right to receive support under this Title as well
as any money or property obtained as such support shall
not be levied upon on attachment or execution. (302a)
XPN: Contractual support under Art. 208.
What cannot be subject of an execution or attachment is the legal
support as defined by Art. 194.
Art. 206. When, without the knowledge of the person
obliged to give support, it is given by a stranger, the latter
shall have a right to claim the same from the former, unless
it appears that he gave it without intention of being
reimbursed. (2164a)
Art. 207. When the person obliged to support another
unjustly refuses or fails to give support when urgently
needed by the latter, any third person may furnish support
to the needy individual, with right of reimbursement from
the person obliged to give support. This Article shall
particularly apply when the father or mother of a child
under the age of majority unjustly refuses to support or
fails to give support to the child when urgently needed.
(2166a)
In fact, the parent can be held criminally liable if it was unjustly refused
by the person obliged to provide support.
Art. 208. In case of contractual support or that given by will,
the excess in amount beyond that required for legal
support shall be subject to levy on attachment or execution.
Furthermore, contractual support shall be subject to
adjustment whenever modification is necessary due to
changes of circumstances manifestly beyond the
contemplation of the parties. (n)
Contractual Support
The excess in amount beyond that required for legal support shall be
subject to levy on attachment or execution.
 This is the exception of Article 205.
Furthermore, contractual support shall be subject to adjustment
whenever modification is necessary due to changes of circumstances
manifestly beyond the contemplation of the parties. (n)
This is based on that discredited theory on Rebus sic stantibus under the
Law on Obligations.
Like, at the time that the support was given, the rate of exchange
between the Peso vis-a-vis Dollar was only 1:10. But now, 1:52. So, that
will be manifestly beyond the contemplation of the parties at the time
that it was entered into. There must be a corresponding change in the
obligation to provide support.
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TITLE IX
PARENTAL AUTHORITY CHAPTER 1.
GENERAL PROVISIONS
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. (n)
There is a Constitutional provision in relation to parental authority.
Art. 2, Sec. 12. XXXX The natural and primary right and duty
of parents in the rearing of the youth for civic efficiency and
the development of moral character shall receive the
support of the Government.
This is also in relation to Patria potestas. The government is the father of
the State.
Art. 210. Parental authority and responsibility may not be
renounced or transferred except in the cases authorized by
law. (313a)
Examples of Authorized Causes:
a. An example is adoption because parental authority is terminated
upon adoption.
b. Another example is of course, the parent is found to be unfit or
unsuitable to exercise parental authority. That is why it may be a
ground for suspension of parental authority or permanent
deprivation.
a. Example of which is when the parent or the guardian of
the child subjects the child to sexual abuse.
c. Guardianship. Those who exercise what you call as substitute
parental authority under Art. 216.
There is no more emancipation by concession because the child upon
reaching the age of 18 is already emancipated.
Art. 211. The father and the mother shall jointly exercise
parental authority over the persons of their common
children. In case of disagreement, the father’s decision
shall prevail, unless there is a judicial order to the contrary.
Children shall always observe respect and reverence
towards their parents and are obliged to obey them as long
as the children are under parental authority. (311a)
GR: The father and the mother shall jointly exercise parental authority
over the persons of their common children.
XPN: In case of disagreement, the father’s decision shall prevail.
XPN to XPN: Unless there is a judicial order to the contrary
This time, unlike that of Art. 124 or 96 on the administration and
enjoyment of the community or the conjugal partnership. It says, the
husband’s decision shall prevail.
 Here: it is the father’s decision that would prevail.
o Unless there is a judicial order to the contrary.
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 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
Art. 212. In case of absence or death of either parent, the
parent present shall continue exercising parental authority.
The remarriage of the surviving parent shall not affect the
parental authority over the children, unless the court
appoints another person to be the guardian of the person
or property of the children. (n)
Situations:
 The marriage is terminated by death
 There is absence of the parent.
The parent present shall continue exercising parental authority.
GR: The remarriage of the surviving parent shall not affect the parental
authority over the children.
 The step-parent is a complete stranger to the children.
XPN: Unless the court appoints another person to be the guardian of the
person or property of the children.
There might be instances, however, that parental authority may be
transferred to those under Article 216, those who exercise substitute
parental authority then another person to administer the property of the
children:
1. The surviving grandparent, as provided in Art. 214;
2. The oldest brother or sister, over twenty—one years of age, unless
unfit or disqualified; and
3. The child’s actual custodian, over twenty—one years of age, unless
unfit or disqualified.
This is especially true when they will be prejudiced, because always
remember that in all cases involving children the principle, the guiding
principle is the best interest of the child. It is not the benefit of the
parents.
 There might be 2 persons:
1. One exercising administration over the property of the
child; and
2. Another person exercising parental authority or
guardianship over the children.
Art. 213. In case of separation of the parents, parental
authority shall be exercised by the parent designated by
the Court. The Court shall take into account all relevant
considerations, especially the choice of the child over seven
years of age, unless the parent chosen is unfit. (n)
In case of separation of the parents, parental authority shall be exercised
by the parent designated by the Court.
Generally, it would be the innocent spouse, subject to the exceptions
provided for in this provisions.
The last paragraph is the subject matter of several decisions of the SC;
that no child under 7 years of age shall be separated from the mother
unless the court finds compelling reasons to order otherwise.
It is the court that will determine whether the mother is unfit to have
custody over the child.
 It is not simply by agreement by the parties. That will be void.
Because it is the law itself that says if a child is below 7 yrs. of age,
the child shall be with the mother.
 It says the exception is “compelling reasons.”
Now what are the compelling reasons where the mother may be
deprived of custody as well as the parental authority over a child below
7?
 This was enumerated by the SC in the case of Gualberto vs.
Gualberto.
However, the mere fact that the mother is a prostitute is not a sufficient
ground to deprive the mother of the custody of the child especially if the
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child is still a baby because he or she, the baby is not yet able to
understand the situation.
 It would be otherwise if the child is able to comprehend the
situation, which was the ruling of the court in the case of Cervantes,
where the mother was deprived of the custody of the child because
the child is aware, and in fact she now questioned, why the father
of the sister is not her father and the father of the youngest child,
not the father of the sister, nor is her father. So, the court said that
it would be for the best interest of the child if the child stays with
the adoptive parent and no longer with the mother.
And there is a SC decision borrowed from an American decision:
Why is the preference with respect to a child below 7 years of age always
with the mother? The custody of the child?
Art. 214. In case of death, absence or unsuitability of the
parents, substitute parental authority shall be exercised by
the surviving grandparent. In case several survive, the one
designated by the court, taking into account the same
consideration mentioned in the preceding article, shall
exercise the authority. (355a)
In the order of preference: it is always the grandparents.
If there are several maternal and paternal grandparents: It is the court
that will determine as to which of the grandparents shall exercise
substitute parental authority.
Art. 215. No descendant shall be compelled, in a criminal
case, to testify against his parents and grandparents,
except when such testimony is indispensable in a crime
against the descendant or by one parent against the other.
(315a)
Take note of Article 215: this is the Filial Privilege Rule.
This is different from Article 151:
Art. 151. No suit between members of the same family
shall prosper unless it should appear from the verified
complaint or petition that earnest efforts toward a
compromise have been made, but that the same have
failed. If it is shown that no such efforts were in fact made,
the same case must be dismissed.
This rule shall not apply to cases which may not be the subject of
compromise under the Civil Code.
Here, this is the FPR and what does it provide?
1. No descendant shall be compelled – So, only a descendant.
2. Limited only to a criminal case.
3. But the testimony is in the form of a compulsion.
4. Limited to 2 persons
a. parents
b. grandparents.
→ Those not mentioned are deemed excluded.
XPN 1: When such testimony is indispensable in a crime against the
descendant or by one parent against the other.
 A perfect example would be incestuous rape.
What is the purpose?
It is for the protection of the most sacred sentiments between members
of the family.
Other XPNs: Even if it is a criminal case & even if it’s against the parent
or the grandparents, but the testimony is:
1. Voluntary given;
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2. Even if it is compulsory but it involved a civil case.
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
Chapter 2. Substitute and Special Parental Authority
Art. 216. In default of parents or a judicially appointed
guardian, the following person shall exercise substitute
parental authority over the child in the order indicated:
1. The surviving grandparent, as provided in Art. 214;
2. The oldest brother or sister, over twenty—one years of
age, unless unfit or disqualified; and
3. The child’s actual custodian, over twenty—one years of
age, unless unfit or disqualified.
Whenever the appointment or a judicial guardian over the
property of the child becomes necessary, the same order
of preference shall be observed. (349a, 351a, 354a)
SUBSTITUTE PARENTAL AUTHORITY
This may be exercised if the parent is unsuitable or is deprived of
parental authority, such as when he is sentenced to a penalty that carries
with it civil interdiction and there is no other parent.
Pursuant to Article 214, if there are several, then the order under Article
216 shall be observed.
1. The surviving grandparent, as provided in Art. 214;
2. The oldest brother or sister, over twenty—one years of age, unless
unfit or disqualified; and
a. Read in relation: Masbate vs. Relucio
3. The child’s actual custodian, over twenty—one years of age, unless
unfit or disqualified.
Substitute PA cannot be exercised simultaneously with PA. It cannot co-
exist.
Art. 217. In case of foundlings, abandoned neglected or
abused children and other children similarly situated,
parental authority shall be entrusted in summary judicial
proceedings to heads of children’s homes, orphanages and
similar institutions duly accredited by the proper
government agency. (314a)
Now, who shall exercise parental authority over the following?
1. Foundlings
a. Children delivered to your gates inside boxes, thus
their parents are unknown. If it does happen to
you, you do not have the right to retain the child
and say that this is child is a gift from heaven. You
will be criminally charged. You deliver the child to
the nearest DSWD office.
2. Abandoned children
a. These are children that are completely forsaken.
3. Neglected children
a. These are children who receive inadequate care.
4. Abused children
a. Children who suffers maltreatment, whether the
maltreatment comes either in physical, mental or
emotional or sexual abuse.
→ shall be entrusted in summary judicial proceedings to heads of
children’s homes, orphanages and similar institutions duly accredited by
the proper government agency.
 The proper government agency: DSWD.
 In Davao city, we have Balay Pasilungan.
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Art. 218. The school, its administrators and teachers, or the
individual, entity or institution engaged in child care are
shall have special parental authority and responsibility over
the minor child while under their supervision, instruction or
custody.
Authority and responsibility shall apply to all authorized
activities whether inside or outside the premises of the
school, entity or institution. (349a)
SPECIAL PARENTAL AUTHORITY
This can be exercised contemporaneously or simultaneously with
parental authority or substitute parental authority.
So, who exercises SPA?
1. The school,
2. Its administrators and teachers, or
3. The individual, entity or institution engaged in child care.
If you have read Taguiam, that is a perfect example. Do not got to the
deeper portion of the pool. So, taguiam was held liable for 7m php and
moreover the school was exculpated. Bakit? Kasi di niya pinapirmahan
yung permit ni Shara mae. There was merely the presumption on her
part that the mother allowed her child to participate in the activity
because it was she herseflt who brought her child to the school and
provided the child with the food as well as the swimming outfit but did
not ask the mother to sign the permit so the school was exculpated. It
was only taguiam who was only responsible of that civil liability of about
7m.
School of Holy Spirit Of QC vs. Taguiam
558 Scra 223 , July 14, 2008
Taguiam told the children no to go to the deeper portion of the pool.
The children did not listen & Shara Mae drowned.
So, Taguiam was held liable for 7 million PHP. Moreover, the school
was exculpated as Shara Mae’s permit was mot signed. There was
merely the presumption on Taguiam’s part that the mother allowed
her child to participate in the activity because it was the mother who
brought the child to the school and provided the child with the food
as well as the swimming outfit. However, Taguiam did not ask the
mother to sign the permit so the school was exculpated. It was only
Taguiam who was only responsible of that civil liability of about 7m.
True or False: The parents who signed the permit can sue the school.
 TRUE, because the permission was actually vitiated, as the child will
flunk the subject of he or she is not allowed to join the activity.
That’s now the defense of the parents – that the consent was
vitiated.
Those mentioned in Article 218 have also their appropriate defenses,
which is Article 219:
Art. 219. Those given the authority and responsibility under
the preceding Article shall be principally and solidarily liable
for damages caused by the acts or omissions of the
unemancipated minor. The parents, judicial guardians or
the persons exercising substitute parental authority over
said minor shall be subsidiarily liable.
The respective liabilities of those referred to in the
preceding paragraph shall not apply if it is proved that they
exercised the proper diligence required under the
particular circumstances.
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 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
All other cases not covered by this and the preceding
articles shall be governed by the provisions of the Civil Code
on quasi—delicts. (n)
In the event that they will be found liable for damages caused by the acts
or omissions by the unemancipated minor.:
1. Principally and solidarily liable: those mentioned in Article
218;
2. Subsidiarily liable:
a. The parents,
b. Judicial guardians exercising substitute parental
authority.
 In short, they can only be held subsidiarily liable if
the school or the teacher are insolvent.
The respective liabilities of those referred to in the preceding paragraph
shall not apply if it is proved that they exercised the proper diligence
required under the particular circumstances.
So, this is now the defense – if they proved the exercise of the proper
diligence required under the particular circumstances.
There are 3 types of diligence that one may observe depending on the
agreement of the parties.
1. Slight diligence
2. General diligence – good father of the family
3. Extra-ordinary diligence.
But the parties may still agree that what must be exercised under the
circumstances is extraordinary diligence. There is no prohibition because
it will always depend on the agreement of the parties.
In the absence of the agreement, what must be observed is the diligence
of a good father of a family.
 Actually applies to how you should exercise ordinary care of your
property.
All other cases not covered by this and the preceding articles shall be
governed by the provisions of the Civil Code on quasi—delicts.
 So, included here are intramurals, tree planting, & educational
tours.
CARAVAN TRAVEL TOURS vs. ABEJAR
783 SCRA 368
FACTS; This refers to Jesmar who was hit by the van owned by
Caravan Travel tours. She died subsequently and Abejar filed this suit
for damages against Caravan.
The defense raised by Caravan is that Abejar does not have the legal
personality to sue Caravan because there is the absence of a court
appointment as guardian over Jesmarian.
HELD: If you are going to read Art. 216, there is nothing there that
requires court appointment before one can be considered to have
exercised substitute parental authority over the child.
She was already in the custody of Abejar since she was 9 years old.
Provided Jesmarian with love affection, support, sent her to school;
so thus according to the court, as it was not shown that Jesmarian
has still existing or living relatives so it was just proper for Abejar to
take Jesmarian into her custody.
MASBATE V. RELUCIO
GR NO. 235498 , JULY 30, 2018 (PERLAS—BERNABE)
This is a further explanation of the courts’ ruling in the case of
Antonio v. Grande.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
If you remember in that case, the father of the children filed this petition
before the court. Aside from filing a petition for judicial recognition of his
acknowledgment of the children, which according to the court, is already
superfluous considering that the mere execution of an acknowledgement
is sufficient already on the part of the illegitimate father to recognize the
child as his illegitimate child. Nonetheless, he still went to court and
together with that is the prayer that he be given legal custody and
parental authority over the children because the mother is about to leave
to another country. In that case, the SC said that illegitimate children shall
be under the parental authority and custody of the mother. That is given
under Article 176.
FACTS: Comes now the case of Masbate, where they live together
without the benefit of marriage. Had a child; then when the child was
about 3 years old, they split, Renalyn went to Manila, leaving the child
with the father. Subsequently however, Renalyn executed a special
power of attorney authorizing her parents to have custody over the
child. Ricky James filed this petition for the issuance of the writ of
habeas corpus, praying that he be given custody over the child.
ISSUE 1: If indeed Renalyn is found to be unfit to have custody over
the child, may the grandparents in this case the parents of Renalyn
be given priority over that of Ricky James, the father.
ISSUE 2: During the pendency of the proceedings, inasmuch as Ricky
James has already the actual custody of the child, may he pray for the
grant of temporary and limited custody over the child?
ISSUE 3: What are the grounds where the mother may be deprived
of the custody over a child below 7 years of age?
This is merely a reiteration and which shall prevail?
BTW, because there was this prayer that the child stays with the
father, as what is referred to as the temporary and limited custody:
Now, suppose the court find Renalyn found to be unfit, does that
mean that they have to follow the order established in 216? Referring
first to the grandparents? Then the oldest brother or sister over 21?
Or actual custodian? So what is the prevailing principle that would
guide the court on who shall have custody of the child?
ESPIRITU V. CA
242 SCRA 362 , March 15, 1995
The court deprived the mother custody over the children. It gave
special importance to Rosalyn’s choice because she had been a
witness to what the mother did so it affected her primarily.
SANTOS, SR V. CA
242 SCRA 407
FACTS; Remember that Leouel is a member of the AFP and thus, his
child stayed with the maternal grandparents. However, one time he
visited the child and asked permission that he be allowed to take the
child with him. The grandparents acceded, but he no longer returned
the child So this is now the case.
The defenses raised by the grandparents were the following:
a. There was abandonment on the part of Leouel.
i. He never remembered the child’s birthday or
special occasions like Christmas or New Year.
No ha no he no hi, nothing.
b. The fact that the child is living a very comfortable life.
ISSUE: Are these sufficient to deprive Santos of parental authority?
Page22
HELD: NO. Unless the parent is shown to be unfit or unsuitable to
have custody over the child, the parent shall be given the priority to
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
have custody over the child. While petitioner's previous inattention
is inexcusable and merits only the severest criticism, it cannot be
construed as abandonment.
ESLAO V. CA
266 SCRA 317 , January 16, 1997
FACTS: The husband died. The wife decided to go back to her
province. The mother-in-law told her to leave one of the children as
she would become sad if she would be alone; “I want to always have
a connection to my dead son.” Anyway, the widow met an American
dentist who decided to take her together with the children to the
United States. So, she asked now the former mother in law that she
would now take the child with her. And this was now refused by the
former mother in law.
One contention was abandonment on the part of the mother. Just
like also in the case of Santos, there was never anything coming from
the mother during special occasions; no gifts, no letters, no cards.
HELD: The SC said that even if there is a manifest renunciation, what
is only transferred is only temporary custody. It cannot be considered
as an abandonment. So, the mother is still entitled to the custody of
the child.
LAXAMANA V. LAXAMANA
388 SCRA 296 , September 03, 2002
You would notice how the SC would favor, even in this case a bar
flunker…
The agreement between the spouses is that the decision of the RTC
where the petition for custody was filed would depend on the results
of the psychological examination that would be conducted. And of
course pursuant to the findings…. Cut off; end of class.
GUALBERTO V. GUALBERTO V
461 SCRA 450 , June 28, 2005
Was not discussed in the next class.
SALIENTES V. ABANILLA
500 SCRA 128 , August 29, 2006
Was not discussed in the next class.
GAMBOA—HIRSCH V. CA
527 SCRA 380 , July 11, 2007
Was not discussed in the next class.
Dacasin vs. Dacasin
611 SCRA 657 , February 05, 2010
Remember the principles established in Dacasin vs. Dacasin.
1. Default Standard
2. Child Custody Proceedings
3. Custodial Regime
4. Tender Age Presumption - (Gualberto vs Gualberto)
5. The Interest of the Child Principle - (Gualberto vs. Gualberto)
o Cited by the SC in different cases. One of which is in
the case Masbate vs. Relucio.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
Chapter 3. Effect of Parental Authority Upon the Persons of the
Children
Rights and Duties of Parents on those exercising Parental Authority:
Art. 220. The parents and those exercising parental
authority shall have with the respect to their
unemancipated children on wards the following rights and
duties:
1. To keep them in their company, to support, educate and
instruct them by right precept and good example, and to
provide for their upbringing in keeping with their means;
2. To give them love and affection, advice and counsel,
companionship and understanding;
3. To provide them with moral and spiritual guidance,
inculcate in them honesty, integrity, self—discipline, self—
reliance, industry and thrift, stimulate their interest in civic
affairs, and inspire in them compliance with the duties of
citizenship;
4. To furnish them with good and wholesome educational
materials, supervise their activities, recreation and
association with others, protect them from bad company,
and prevent them from acquiring habits detrimental to
their health, studies and morals;
5. To represent them in all matters affecting their interests;
6. To demand from them respect and obedience;
7. To impose discipline on them as may be required under
the circumstances; and
8. To perform such other duties as are imposed by law upon
parents and guardians. (316a)
1. To keep them in their company, to support, educate and instruct
them by right precept and good example, and to provide for their
upbringing in keeping with their means;
Ex. There was this father, driving a car, and a son. Then, the father drive
though a one-way street and the son looked at the father and did not say
anything, but the father said "Wala naman nakakita, eh!” Another ad
again by the Nestle whereby the father was eating candy and threw away
the wrapper out of the car window, and the son looked at the father, and
the father said "Wala naman nakakita, eh!".
And the lesson of that was, "what was seen by the eyes of the child is
seen to be a correct act." The ad was really instructive. The child would
become what he/she is as how he/she was taught by the parents or
those who are exercising parental authority. That is why, if you were a
bully, you are either bullied in the house or you lacked attention.
The purpose one becomes a bully is because you seek attention. Because,
once you bully another, isn't it that the attention is given to the child who
bullies another?
One must be a good example to a child.
A child, who was born in an environment where physical abuse is
common, that will also be perceived by the child when the latter
Page23
becomes an adult. Because that is what the child had seen. Or verbally
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
abuse, when the parent verbally abuse the spouse or the housekeeper,
chances are, the child will do the same to others.
In validating if a person is a person or not, it is seen on how he/she deals
with those people beneath him - guards, drivers, saleslady, and waiters.
There is no difference when you treat your peer with respect, because
they deserve, because you are equal. But if the person you respect is one
whose educational attainment is very much less than yours, it shows how
you were molded and reared by your parents to respect the person
regardless of one's achievement in life.
STORY: Fr. and I were talking this afternoon and he said, "Compassion is
common among Filipinos, which is not true with the foreigners. Because,
in Western countries, once you become a teen, you are driven out of the
house. So, they lack compassion on their elders. That is why, when they
can no longer find a job, in Western countries, the children would place
their parents in the home for the aged.
"How we treat the elders would depend on how we were molded."
Parents have the burden to teach the child and always remember that
the best time to teach the child is when the latter is still very young.
(Insert Literature of a Clay and Branch of a Tree).
"What we are today is how we were instructed by our parents." The
values and the principles that we keep are the same values and principles
that were given to us by our parents as well as from the teachers. And of
course we also have the peer pressure.
(2) To give them love and affection, advice and counsel, companionship
and understanding;
For those who are yet to enter into a serious relationship, marry when
you are already done with the frivolities of life. Meaning, you really want
to start a new life with another person, because, there is so many who
would regret. When the children were still young, the parents are so
concerned with becoming financially stable and then when they become
financially stable, the children are no longer with them.
STORY: I was so focused with earning and making the family stable, my
relationship with my children was moved away. A lawyer shared a story
once: "When my child was still young, he invited me to go basketball with
him, but I rejected as I was busy. Now, when I invited my child to go
basketball, he refused and said the same – "busy"."
The moment is gone. For you – to-be-parents, seize the moment, spend
the best time of your life with your child because it will only happen once.
It will never happen again. Give the best that you can, not with material
things, but rather, as a parent inculcating the wisdom that a child must
possess - the companionship and understanding.
(3) To provide them with moral and spiritual guidance, inculcate in
them honesty, integrity, self-discipline, self-reliance, industry and thrift,
stimulate their interest in civic affairs, and inspire in them compliance
with the duties of citizenship;
Spritual Guidance:
This is common among common among Filipino Families during Sundays
or days of worship.
Civic Affairs:
You are already stimulated when you were in college through this so-
called immersion, tree planting, NSTP.
Compliance with the duties of Citizenship:
Payment of Taxes. We are so concerned with the environment. The
Ateneo has its policy of no plastic allowed.
(4) To furnish them with good and wholesome educational materials,
supervise their activities, recreation and association with others,
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
protect them from bad company, and prevent them from acquiring
habits detrimental to their health, studies and morals;
To enhance, protect, preserve, and maintain your physical and mental
health at all times. Go basketball together, or you go running together.
To furnish them with good and wholesome educational materials.
To supervise their activities, so you must be updated as to their
activities. Gone are the days when the children will go running, role
playing, and climbing trees.
To protect them from bad company: How would you do that?
Would you scream at those who would be coming to your house? There
is no problem with the daughter, you just have to ask "Who is that", "My
classmate.” While, if it were a son, the mother would scream when the
woman being brought by the son, "Who is that?" "What does she do
here?" "Why are you getting into the bedroom?"
To prevent them from acquiring habits detrimental to their health,
studies, and morals.
First and foremost is the drug addiction, which is a very common
problem. And for those who smoke. Take note that vaping is also
detrimental to their health. Finance undersecretary Lambino, his one eye
patch is a result of vaping. In US, there are already a lot of casualties
related to vaping-related issues. The custom is discouraged by American
society because of the ill-effects had already that caused fatality.
(5) To represent them in all matters affecting their interests;
The parents receive a letter and give it to the mother and said that it was
received from the Teacher. This has something to do with the
performance of the child in school. So, as a parent, you should be
present.
(6) To demand from them respect and obedience;
You cannot demand respect from the children. It is earned. But, of course
you can demand obedience.
(7) To impose discipline on them as may be required under the
circumstances; and
In relation to this is RA 7610: Special Protection of Children Against Abuse,
Exploitation and Discrimination Act. Moreover, there is a law that
prohibits the parents from the spanking of children. It is a ground to
suspend parental authority,
In the olden days, the discipline will constitute punishments such as the
*cruelty of monggo*. But now, the parent would just say, "You are so
naughty, FACE THE WALL."
(8) To perform such other duties as are imposed by law upon parents
and guardians.
These are the rights and duties of parents toward their children.
Art. 221. Parents and other persons exercising parental
authority shall be civilly liable for the injuries and damages
caused by the acts or omissions of their unemancipated
children living in their company and under their parental
authority subject to the appropriate defenses provided by
law. (2180(2)a and (4)a )
Read this in relation to Article 236 of emancipation.
Who are those unemancipated children falling under Article 221,
whereby the parents would be civilly liable for the tort or acts or
Page24
ommissions committed by the child?
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
 Because of RA 6809, the age of majority had been lowered from 21
to 18, but in relation to that particular provision, you have to
correlate that to:
Article 236 as amended by RA 6809: Emancipation for any
cause shall terminate parental authority over the person
and property of the child who shall then be qualified and
responsible for all acts of civil life.
→ This is the general effect if parental authority is terminated because
the child has become of age.
However, with the passage of the RA 6809, this now reads:
xxx all acts of civil life, save the exceptions established by
existing laws in special cases.
Contracting marriage shall require parental consent until
the age of twenty-one.
Nothing in this Code shall be construed to derogate from
the duty or responsibility of parents and guardians for
children and wards below twenty-one years of age
mentioned in the second and third paragraphs of Article
2180 of the Civil Code.
What does it say? The second paragraph of Art. 2180 states:
Art. 2180. The obligation imposed by Article 2176 is
demandable not only for one's own acts or omissions, but
also for those of persons for whom one is responsible.
The father and, in case of his death or incapacity, the
mother, are responsible for the damages caused by the
minor children who live in their company.
Guardians are liable for damages caused by the minors or
incapacitated persons who are under their authority and
live in their company.
`
In short, going back to Art. 221, if the child is below the age of 21, but
already 18 and still live with their parents and under their parental
authority, they are supposed to be under RA 6809, or unemancipated.
But because of the Art. 2180 provision: If the child commits an act that
will give rise to liability, the liability shall now be shouldered by the
parents. But, there are two requisites that must be fully complied:
1. Living in their company
2. Under their parental authority.
In short, if the child is already living and having his/her own home or
purchased a condominium, one of the requisite is lacking as he is no
longer living with the parents. Or, if he is no longer under the parental
authority by reason that he went away and lived a life of his own
independently of his parents, then there shall be no application of Art.
221.
What could be the appropriate defence that may be raised by the
parents?
a. They have already exercised the diligence of a good
father of the family. In the absence of any agreement
as to the standard of care of care is to be observed.
b. The child is no longer living in their company; and
c. The child is no longer under their parental authority.
In the absence of any of those, the parents would be held liable under
Art. 221 for the tort or the acts or omission committed by the child
respecting the Civil Liability arising out from the tortuous or felonious
acts committed by the child. So, those are the exceptions.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
Art. 222. The courts may appoint a guardian of the child’s
property or a guardian ad litem when the best interests of
the child so requires. (317)
There would be instances whereby the parents have this conflict of
interest over the property of the child, as the child might receive
properties of his or her own not necessarily coming from the parents.
Example: Suppose the grandparent would give a child a donation. Such
a donation belongs exclusively to the child. It is error on the part of the
parents to claim that the property of the child belongs to them. It
belongs to the child in ownership. Only that they will administer over the
property of the unemancipated child. Just like the minor artist in showbiz
industry like Baste and Riza Mae Dizon.
The earnings of Baste shall be administered by the parents knowing that
he is still a minor.
 Actually both of his parents shall have the right to administer.
 In case of disagreement, the father's decision shall prevail (as to the
wordings of the law under Art. 235).
Same with Rizza – all her earnings are not owned by the parents.
Art. 223. The parents or, in their absence or incapacity, the
individual, entity or institution exercising parental
authority, may petition the proper court of the place where
the child resides, for an order providing for disciplinary
measures over the child. The child shall be entitled to the
assistance of counsel, either of his choice or appointed by
the court, and a summary hearing shall be conducted
wherein the petitioner and the child shall be heard.
However, if in the same proceeding the court finds the
petitioner at fault, irrespective of the merits of the petition,
or when the circumstances so warrant, the court may also
order the deprivation or suspension of parental authority
or adopt such other measures as it may deem just and
proper. (318a)
What happens when the child becomes incorrigible - or the parent cannot
control or discipline the child? What would be the remedy available to
the parents?
Art. 223 is the answer.
If you cannot control or discipline the child, you go to court.
 But, if the court finds that it is the parent's fault (due to
various causes such as, but not limited to, spoiling the child)
the court may suspend or deprive the parent of parental
authority.
In the meantime, what will happen? The answer is in Article 224.
Art. 224. The measures referred to in the preceding article
may include the commitment of the child for not more than
thirty days in entities or institutions engaged in child care
or in children’s homes duly accredited by the proper
government agency.
The parent exercising parental authority shall not interfere
with the care of the child whenever committed but shall
provide for his support. Upon proper petition or at its own
instance, the court may terminate the commitment of the
child whenever just and proper. (391a)
The measures referred to in the preceding article may include the
Page25
commitment of the child for not more than thirty days in entities or
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
institutions engaged in child care or in children’s homes duly accredited
by the proper government agency.
In Davao, there is one in Banggo Ociero(sp?) where the child is placed
under commitment, and the parent exercising parental authority shall
not interfere with the care of the child whenever committed but shall
provide for his support.
 The only obligation of the parent concerned is to provide
support to the child.
Upon proper petition, or at its own instance, the court may terminate the
commitment of the child whenever just and proper.
A child may be in the custody of the DSWD. This is the very common
situation now a days if the parent is found to be at fault. They would have
the child committed in the DSWD.
Chapter 4. Effect of Parental Authority Upon the Property of the
Children
Art. 225. The father and the mother shall jointly exercise
legal guardianship over the property of the unemancipated
common child without the necessity of a court
appointment. In case of disagreement, the father’s decision
shall prevail, unless there is a judicial order to the contrary.
Where the market value of the property or the annual
income of the child exceeds P50,000, the parent concerned
shall be required to furnish a bond in such amount as the
court may determine, but not less than ten per
centum (10%) of the value of the property or annual
income, to guarantee the performance of the obligations
prescribed for general guardians.
A verified petition for approval of the bond shall be filed in
the proper court of the place where the child resides, or, if
the child resides in a foreign country, in the proper court of
the place where the property or any part thereof is situated.
The petition shall be docketed as a summary special
proceeding in which all incidents and issues regarding the
performance of the obligations referred to in the second
paragraph of this Article shall be heard and resolved.
The ordinary rules on guardianship shall be merely
suppletory except when the child is under substitute
parental authority, or the guardian is a stranger, or a parent
has remarried, in which case the ordinary rules on
guardianship shall apply. (320a)
The father and the mother shall jointly exercise legal guardianship over
the property of the unemancipated common child without the
necessity of a court appointment. In case of disagreement, the father’s
decision shall prevail, unless there is a judicial order to the contrary.
This refers to the property of the unemancipated child.
Take note: There is no need for court appointment.
 But, it is different when it is in practice as there are judges who
would insist that there should be a court appointment. But the
general rule is, there is no need for a court appointment.
 Rule 65 or appeal for certiorari must be the last resort of the lawyer
otherwise, the lawyer will be in conflict with the judge.
In case of disagreement: the father's decision shall prevail.
XPN: There is a judicial order to the contrary.
 Again, just like parental authority, it is the father's decision shall
prevail unless there is a judicial order to the contrary.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
Where the market value of the property or the annual income of the
child exceeds P50,000, the parent concerned shall be required to
furnish a bond in such amount as the court may determine, but not less
than ten per centum (10%) of the value of the property or annual
income, to guarantee the performance of the obligations prescribed for
general guardians.
This pertains to the requirements of the father and the mother posting
of bond.
PURPOSE: To guarantee the performance of the obligations prescribed
for general guardians. It is to prevent abuse of administration over the
property of the child, or unjustified alienation.
Take note: The parents that become guardians over the property of the
unemancipated child are mere administrators.
 The guardians cannot exercise acts of ownership or dominion.
 Thus, if they would sell the property of the child, that sale is not
void or voidable, it is unenforceable because they exceeded the
powers granted to them as administrators of the property of the
child.
Neri vs. Yusop
If the parents would sell the property of the child without judicial
authorization, that disposition is not void or voidable, but
unenforceable. Because they acted beyond the limits of their
authority as administrator over the property of the child – that
pertains to ultra vires acts.
What must the parents do? Pertain to paragraph 3.
A verified petition for approval of the bond shall be filed in the proper
court of the place where the child resides, or, if the child resides in a
foreign country, in the proper court of the place where the property or
any part thereof is situated.
The petition shall be docketed as a summary special proceeding in
which all incidents and issues regarding the performance of the
obligations referred to in the second paragraph of this Article shall be
heard and resolved.
Nature of the petition: SUMMARY under the FAMILY CODE.
 Not the summary proceedings under the rules of court.
So, if the father and the mother become the guardian and administrator
over the property of the child who is unemancipated or minor, the
primary rule or provisions shall be Art 225 of the Family Code.
The exception is found in the last paragraph:
The ordinary rules on guardianship shall be merely suppletory except
when the child is under substitute parental authority, or the guardian
is a stranger, or a parent has remarried, in which case the ordinary rules
on guardianship shall apply.
The ordinary rules on guardianship shall be the primary rule in the
following situations:
1. When the child is under substitute parental authority under Art.
206
2. The guardian is a stranger.
3. The parent has remarried.
Page26
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
Art. 226. The property of the unemancipated child earned
or acquired with his work or industry or by onerous or
gratuitous title shall belong to the child in ownership and
shall be devoted exclusively to the latter’s support and
education, unless the title or transfer provides otherwise.
The right of the parents over the fruits and income of the
child’s property shall be limited primarily to the child’s
support and secondarily to the collective daily needs of the
family. (321a, 323a)
This specifically applies to Rizza Mae Dizon. Rizza’s earnings shall belong
exclusively to her. That cannot be used by the parents. Her house was in
fact donated by Vic Sotto. It belongs exclusively to her and generally it
shall be used for the support of the child.
The right of the parents over the fruits and income of the child's
property shall be limited primarily to the child's support and
secondarily to the collective daily needs of the family.
 Only when the income of the family is insufficient – only then can
the property of the child be used.
 As a general rule, it should be limited only for the child's use, not
for the use of the family.
Art. 227. If the parents entrust the management or
administration of any of their properties to an
unemancipated child, the net proceeds of such property
shall belong to the owner. The child shall be given a
reasonable monthly allowance in an amount not less than
that which the owner would have paid if the administrator
were a stranger, unless the owner, grants the entire
proceeds to the child. In any case, the proceeds thus give in
whole or in part shall not be charged to the child’s legitime.
(322a)
What happens if during summer break you will be asked by your parents
to attend to the management of the hardware, what are your rights?
Art. 227.
If the child is made to administer the property, then you can demand for
the allowance. How much?
 The same amount paid for the employees who are not related to
the family. That will be the allowance that is supposedly received
by the child who manages the property of the parents.
And there is a prohibition: It cannot be considered as advances against
his legitime. That will be a void agreement.
Chapter 5. Suspension or Termination of Parental Authority
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. 229. Unless subsequently revived by a final judgment,
parental authority also terminates:
1. Upon adoption of the child;
2. Upon appointment of a general guardian;
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
3. Upon judicial declaration of abandonment of the child in
a case filed for the purpose;
4. Upon final judgment of a competent court divesting the
party concerned of parental authority; or
5. Upon judicial declaration of absence or incapacity of the
person exercising parental authority. (327a)
These are the grounds for termination of parental authority but may be
revived by a proper petition that has become final:
(1) Upon adoption of the child;
Bartolome vs. SSS
740 SCRA 78, November 12, 2014
Parental authority of the biological parents will be terminated, but it
can be revived by final judgment.
There is no need for a petition to revive the parental authority of the
parent by nature because of the circumstances surrounding the case;
where John was only about 5 years old when the adopting parents
died. So, it was just proper for the biological mother to take custody
over him. There was no more need for revival of the PA, because
before you revive, you first have to rescind the decree of adoption.
This is no longer necessary as there is already the termination of the
PA of the adopting parent due to his death.
(2) Upon appointment of a general guardian;
(3) Upon judicial declaration of abandonment of the child in a case filed
for the purpose;
In relation:
Art. 217. In case of foundlings, abandoned neglected or abused children
and other children similarly situated, parental authority shall be
entrusted in summary judicial proceedings to heads of children’s homes,
orphanages and similar institutions duly accredited by the proper
government agency.
(4) Upon final judgment of a competent court divesting the party
concerned of parental authority; or
If the parent or the person exercising parental authority subjects the
child or allows the child to be subjected to sexual abuse - it is a ground
for permanent deprivation.
(5) Upon judicial declaration of absence or incapacity of the person
exercising parental authority.
It might be that the parent or guardian exercising PA is unsuitable to
exercise substitute PA or PA. So, it can be given to a general guardian.
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)
There is no need for final judgment.
This refers to one who is sentenced to a penalty that carries with it civil
interdiction.
Upon service of the sentence, it is automatically reinstated or upon
pardon or amnesty of the offender.
 There is no need for a petition to revive or revert parental
Page27
authority.
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
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 the same proceeding if the court finds that the cause
therefor has ceased and will not be repeated. (33a)
The grounds in this article be either be for suspension or deprivation of
PA.
Gives the child corrupting orders, counsel, or example
Like the father teaching the child to become a pickpocket.
Compels the child to beg
If you pass by Carlos P. Garcia Avenue, there will be children putting up
placards saying "Merry Christmas" and you would notice there are no
parents. However, when you throw coins and the kids scamper after it,
all of a sudden the mother suddenly stands from behind the bushes and
would settle who the owner of the money is.
Subjects the child or allows him to be subjected to acts of lasciviousness
Q: How will you distinguish an act of lasciviousness from mere unjust
vexation?
An example is a woman who goes to get a mammogram. If the technician
handles the breast by reason of his job, there is no act of lasciviousness.
But if he fondles with it, it is another case. That would be an act 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
Example of culpable negligence - the mother is playing mahjong. The
child goes around the neighborhood asking for food. When asked "where
is your mom," the child would answer, "There in the mahjong place." And
if the child approaches the mother, he would be scolded, "Bwisit ka!
Kaya ako natatalo."
The suspension or deprivation may be revoked and the parental authority
revived in a case filed for the purpose or in the same proceeding if the
court finds that the cause therefor has ceased and will not be repeated
In relation to this is Article 278 of the RPC on Exploitation of Minors, and
RA 7610 (Child Abuse, Exploitation and Discrimination).
Torres vs. People
(LEONEN) 814 SCRA 547 , January 18, 2017
This refers to a man who whipped the child with a wet t-shirt.
According to Justice Leonen, that is a violation of Sec 3(b) of RA 7610.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
Why? According to him it debases, degrades or demeans the intrinsic
worth and dignity of the child as a human being.
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. (n)
Permanent Deprivation
This is commonly now committed by the parents themselves by
peddling their children through the internet.
Art. 233. The person exercising substitute parental
authority shall have the same authority over the person of
the child as the parents.
In no case shall the school administrator, teacher of
individual engaged in child care exercising special parental
authority inflict corporal punishment upon the child. (n)
"corporal punishment upon the child"
 commonly committed by the teacher. There was one child that was
fed pencil shavings. Another child was compelled to eat chalk and
paper.
There was also this case in Ateneo. This happened several years ago.
There was this member of the LGBTQI who participated in the
Thailand Pageant for ladyboys. He was a Nursing student. He
absented himself from the classes. When he returned, of course he
was scolded by the teacher. There were insults hurled against him,
so what he did was to file a case against the teacher.
I knew that because the teacher went to Judge Dilabanda and
requested that he be the lawyer for the teacher. I don't know what
happened to that case, but anyway it was really filed in court. That
would of course include, in relation to the second paragraph of 233,
hurling insults against the unemancipated child. That would be,
according to Justice Leonen, "demeaning his self-worth.”
TITLE X
EMANCIPATION AND AGE OF MAJORITY
Most of the provisions here are already repealed by RA 6809 (Lowering
the Age of Majority from 21 to 18).
Art. 234. Emancipation takes place by the attainment of
majority. Unless otherwise provided, majority commences
at the age of eighteen years.
The 2nd paragraph of the former Article 234 is deemed no longer part
of Article 234 under RA 6809. The other provision retained is Art 236.
Art. 236. Emancipation shall terminate parental authority
over the person and property of the child who shall then be
qualified and responsible for all acts of civil life, save the
exceptions established by existing laws in special cases.
Contracting marriage shall require parental consent until
the age of twenty—one.
Nothing in this Code shall be construed to derogate from
the duty or responsibility of parents and guardians for
children and wards below twenty—one years of age
Page28
mentioned in the second and third paragraphs of Article
2180 of the Civil Code.
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
I have discussed this already in relation to Art 221, where the child is
between the ages of 18 and 20. So, they committed an act or omission,
or has caused injuries, the civil liability arising therefrom shall be the
responsibility of the parents, provided:
1. The child is living in their company; and
2. Under their parental authority.
The defenses are:
1. Exercise of the diligence of a good father of the family;
2. The child is no longer under parental authority;
3. The child is no longer living in their company.
But not when you are in Davao City, pursuing your studies because you
have to leave the house by reason of your studies. So that would not be
considered as defense.
TITLE XI
SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW
CHAPTER 1. PREFATORY PROVISIONS
Now we go to Summary Judicial Proceedings.
This would apply to all summary judicial proceedings mentioned under
the Family Code.
 This will not be in relation to the Rules of Court.
 What would apply would be the rules laid down by the Family Code
on petitions where is says "Summary proceeding".
Perfect example is when one of the spouses would abandon the conjugal
home and there is a need to encumber conjugal or community property
and the consent of the other spouse cannot be obtained.
What is the remedy? Go to Court, obtain judicial authorization.
Art. 238. Until modified by the Supreme Court, the
procedural rules provided for in this Title shall apply as
regards separation in fact between husband and wife,
abandonment by one of the other, and incidents involving
parental authority. (n)
Chapter 2. Separation in Fact
Art. 239. When a husband and wife are separated in fact,
or one has abandoned the other and one of them seeks
judicial authorization for a transaction where the consent
of the other spouse is required by law but such consent is
withheld or cannot be obtained, a verified petition may be
filed in court alleging the foregoing facts.
The petition shall attach the proposed deed, if any,
embodying the transaction, and, if none, shall describe in
detail the said transaction and state the reason why the
required consent thereto cannot be secured. In any case,
the final deed duly executed by the parties shall be
submitted to and approved by the court. (n)
Example. Enrollment for the second semester is about to start. But the
community property or conjugal partnership is insufficient to answer for
the expenses. What will the wife or husband do? Go to Court because
the other spouse has already abandoned the conjugal dwelling.
But in relation to that petition, you have to attach for instance, if there
is a need to obtain a loan, then the loan agreement between the lending
institution and petitioner.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
Of course, further to support the petition, then get a statement of
account from the school, where the children are to be enrolled.
Art. 240. Claims for damages by either spouse, except costs
of the proceedings, may be litigated only in a separate
action. (n)
Example: Claims for damages in petitions for legal separation or
annulment. That cannot be instituted with the legal separation or
annulment. It has to be separately filed.
Art. 241. Jurisdiction over the petition shall, upon proof of
notice to the other spouse, be exercised by the proper
court authorized to hear family cases, if one exists, or in the
regional trial court or its equivalent sitting in the place
where either of the spouses resides. (n)
Q: Jurisdiction – Where shall the summary proceeding be lodged?
1. Proper court authorized to hear family cases, or
2. if the Regional Trial Court, or
3. Its equivalent in the place where either of the spouses resides.
a. So that would refer to the Family Court.
Art. 242. Upon the filing of the petition, the court shall
notify the other spouse, whose consent to the transaction
is required, of said petition, ordering said spouse to show
cause why the petition should not be granted, on or before
the date set in said notice for the initial conference. The
notice shall be accompanied by a copy of the petition and
shall be served at the last known address of the spouse
concerned. (n)
Art. 243. A preliminary conference shall be conducted by
the judge personally without the parties being assisted by
counsel. After the initial conference, if the court deems it
useful, the parties may be assisted by counsel at the
succeeding conferences and hearings. (n)
During the preliminary conference, the spouses will not be assisted by
counsel. The initial effort of the court is to allow the parties to arrive at
a possible compromise.
Art. 244. In case of non—appearance of the spouse whose
consent is sought, the court shall inquire into the reasons
for his failure to appear, and shall require such appearance,
if possible. (n)
Art. 245. If, despite all efforts, the attendance of the non—
consenting spouse is not secured, the court may proceed
ex parte and render judgment as the facts and
circumstances may warrant. In any case, the judge shall
endeavor to protect the interests of the non—appearing
spouse. (n)
"The court may proceed ex parte"
 meaning the court may receive now the evidence of the petitioner
Summons by publication
If despite all efforts to serve the summons to the non-consenting spouse
fails, then there can be summons by publication. Summons by
Page29
publication is deemed notice to the whole world.
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
Art. 246. If the petition is not resolved at the initial
conference, said petition shall be decided in a summary
hearing on the basis of affidavits, documentary evidence or
oral testimonies at the sound discretion of the court. If
testimony is needed, the court shall specify the witnesses
to be heard and the subject—matter of their testimonies,
directing the parties to present said witnesses. (n)
Purpose why the court will require the petitioner, as well as the non-
consenting spouse, to prepare the list of who are those possible
witnesses:
 To obviate the proceedings, because the testimony might be too
lengthy, and it will not further bolster the petition.
 Instead, the testimony will be merely corroborative of the
testimony of the other witnesses. That is why they are required to
submit what they will testify, as a guide for the court.
Art. 247. The judgment of the court shall be immediately
final and executory. (n)
And I want you to remember Article 247, this came out in the bar already.
Republic vs. CA
458 SCRA 200 , May 06, 2005
& profession, business or any activity without need of consent
Republic vs. Lorino
449 SCRA 57 , January 19, 2005
The SC said that it was error for the Republic to appeal judgments.
This refers to petition for declaration of presumptive death, but was
objected to by the Republic. The SC said that the remedy is not an
appeal nor a petition for review by certiorari.
Instead, it should be certiorari original action under Rule 65, where
the basis of the petition is:
1. Gross ignorance of the judge.
a. So you're courting the ire of the judge.
2. Gross abuse of discretion on the part of the judge.
Art. 248. The petition for judicial authority to administer or
encumber specific separate property of the abandoning
spouse and to use the fruits or proceeds thereof for the
support of the family shall also be governed by these rules.
(n)
If you remember, Article 101 - if the community property or the conjugal
partnership is insufficient for the support of the family, then the spouse
may seek judicial authorization to encumber or dispose a specific portion
of the exclusive property of the abandoning spouse.
What else?
Article 223 - petition for disciplinary order.
Article 225 - the administration of the property of the unemancipated
child, petition for the father and mother to furnish a bond in an amount
not less than 10% of the value of the income of the property of the child
in a summary proceeding
Chapter 3. Incidents Involving Parental Authority
Art. 249. Petitions filed under Articles 223, 225 and 235
(repealed) of this Code involving parental authority shall be
verified. (n)
Article 235 is repealed by RA 6809.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
Art. 250. Such petitions shall be verified and filed in the
proper court of the place where the child resides. (n)
So after that complaint there is that, on the last portion, VERIFICATION.
Art. 251. Upon the filing of the petition, the court shall
notify the parents or, in their absence or incapacity, the
individuals, entities or institutions exercising parental
authority over the child. (n)
Art. 252. The rules in Chapter 2 hereof shall also govern
summary proceedings under this Chapter insofar as they
are applicable. (n)
Now what are those that are also subject to summary proceedings under
the Family Code?
1. Article 41 - declaration of presumptive death
2. Article 51 - delivery of the child's presumptive legitimes,
consisting of money, property or sound securities
3. Article 69 - fixing of the family domicile. In case of
disagreement, the court will decide.
4. Article 73 - either spouse may exercise any legitimate
of the other spouse. The spouse may object only on valid
serious, moral grounds. In case of disagreement, the court
will decide.
5. Article 96 and 124 - this refers to the enjoyment and
administration of either or the conjugal partnership. In case
of disagreement, this refers only to paragraph 1 of either
article, the husband's decision shall prevail, subject to the
recourse of the wife to the courts within 5 years from the
implementation of the decision.
These are covered by summary proceedings under the Family Code.
 Because if you will attack on the validity of the disposition or
encumbrance, that will be covered by the Rules of Court, not by
the rules under the Family Code.
 Acts of administration is only under the Family Code.
Have you noticed it in the cases that we have studied involving
disposition or encumbrance of the conjugal partnership, as well as
Nobleza vs. Nuega. It is not rules under the Family Code. It is under Rules
of Court.
Chapter 4. Other Matters Subject to Summary Proceedings
Art. 253. The foregoing rules in Chapters 2 and 3 hereof
shall likewise govern summary proceedings filed under
Articles 41, 51, 69, 73, 96, 124 and 127, insofar as they are
applicable. (n)
TITLE XII
FINAL PROVISIONS
Art. 254. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of
Republic Act No. 386, otherwise known as the Civil Code of
the Philippines, as amended, and Articles 17, 18, 19, 27, 28,
29, 30, 31, 39, 40, 41, and 42 of Presidential Decree No. 603,
otherwise known as the Child and Youth Welfare Code, as
amended, and all laws, decrees, executive orders,
proclamations, rules and regulations, or parts thereof,
inconsistent herewith are hereby repealed.
Page30
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
Art. 255. If any provision of this Code is held invalid, all the
other provisions not affected thereby shall remain valid.
Art. 256. This Code shall have retroactive effect insofar as
it does not prejudice or impair vested or acquired rights in
accordance with the Civil Code or other laws.
The other important article is 256, on the retroactivity of the provisions
of the Family Code, for as long as it will not prejudice or impair vested or
acquired rights.
In accordance with the Civil Code or other laws, what can you remember
with Article 256?
 Pana vs. Heirs of Juanite
 Modequillo vs. Breva
 Bernabe vs. Alejo
 Miller vs. Republic on Adoption.
Art. 257. This Code shall take effect one year after the
completion of its publication in a newspaper of general
circulation, as certified by the Executive Secretary, Office of
the President.
Done in the City of Manila, this 6th day of July, in the year
of Our Lord, nineteen hundred and eighty—seven.
NEW CIVIL CODE
TITLE XIII
Use of Surnames (n)
Article 364. Legitimate and legitimated children shall
principally use the surname of the father.
In relation to this is Article 174.
The rights of a legitimate child and one of the rights says "legitimate
children shall have the right: (1) to bear or use the surname of the
mother and the father"
There is no conflict between that in Article 364, because it says
"Legitimate and legitimated children shall principally use the surname of
the father."
Article 365. An adopted child shall bear the surname of the
adopter.
Because there are instances where at the time of the adoption, the
adopter is still single.
And when the adopting parent marries, does not necessarily follow that
the spouse of the adopting parent becomes a parent by fiction of law of
the adopted child. Unless, the spouse of the adopter would also adopt
the child.
Article 366. A natural child acknowledged by both parents
shall principally use the surname of the father. If recognized
by only one of the parents, a natural child shall employ the
surname of the recognizing parent.
Article 367. Natural children by legal fiction shall principally
employ the surname of the father.
Article 368. Illegitimate children referred to in article 287
shall bear the surname of the mother.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
We no longer have Articles 366, 367 and 368.
Why? If we go back to the provisions of the Family Code on Illegitimate
Children, Article 176 provides that "The illegitimate child shall use the
surname of the mother."
Prior to the effectivity of RA 9255, the illegitimate child, even if
recognized by the father shall still bear or use the surname of the mother.
That was why Congress decided to enact RA 9255. However, if we are to
read the provisions of RA 9255, it says "may use the surname of the
father". It is merely optional on the part of the illegitimate child
recognized by the father concerned, whether or not to use the surname
of the father. The child cannot be compelled.
Grande vs. Antonio
716 SCRA 698 , February 18, 2014
The SC struck those certain sections of the Implementing Rules and
Regulations of RA 9255 that provides that the recognized illegitimate
child shall bear the surname of the father as void.
Those provisions are void because the substantive law from which
the IRR are based, merely provides for a directory provision; it is not
mandatory. And being merely a derivative of a substantive law, then
the IRR cannot prevail over the substantive law. So, it was error for
those who crafted the IRR, to use the word "shall" because RA 9255
merely used the word "may".
Article 369. Children conceived before the decree
annulling a voidable marriage shall principally use the
surname of the father.
Because the marriage is considered to be valid prior to the annulment.
Article 370. A married woman may use:
1. Her maiden first name and surname and add her
husband's surname, or
2. Her maiden first name and her husband's surname or
3. Her husband's full name, but prefixing a word indicating
that she is his wife, such as "Mrs."
If you look at Article 370, it says “A married woman may", so it is not
obligatory on the part of the married woman to use the surname of the
husband.
Remo vs. Secretary of DFA
614 SCRA 281 , March 05, 2010
YES, it is merely optional on the part of the married woman to use
the surname of the husband. But once she had chosen the surname
of the husband, she can no longer revert to her former surname.
There are three ways of using the surname of the husband.
EXAMPLE
1. Her maiden first name and Annabeth Chase-Jackson
surname and add her husband's
surname
2. Her maiden first name and her Annabeth Jackson
husband's surname or
3. Her husband's full name, and Mrs. Percy Jackson
indicating therein the word
"Mrs." or Mistress
Page31
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
That is why it would be error to say "Mrs. Maria Santos" because you
cannot be a mistress of yourself. You are the mistress of your husband.
It would be proper if that would be enclosed by this:
(Mrs.) Maria Santos
But not openly saying "Mrs. Maria Santos"; that would be wrong.
Article 371. In case of annulment of marriage, and the wife
is the guilty party, she shall resume her maiden name and
surname. If she is the innocent spouse, she may resume her
maiden name and surname. However, she may choose to
continue employing her former husband's surname, unless:
1. The court decrees otherwise, or
2. She or the former husband is married again to another
person.
Situation: annulment of marriage
The wife is:
 The guilty party: mandatory that the wife should revert or
resume her maiden name and surname.
 The innocent party: shall continue employing the husband's
surname.
Exception to the Exception:
1. The Court decrees otherwise; or
2. She or the former husband is married again to another
person.
Article 372. When legal separation has been granted, the
wife shall continue using her name and surname employed
before the legal separation.
Legal separation does not terminate marriage and thus the wife is to
continue employing the surname before the grant of the decree of legal
separation.
Article 373. A widow may use the deceased husband's
surname as though he were still living, in accordance with
article 370.
What about the widow?
The widow may use the deceased husband's surname as though he were
still living, in accordance with article 370.
 You add that prefix "Vda. de"
But why is it that when the husband becomes the widower, the husband
will not honor the memory of the wife? If you notice that the Civil
Commission is composed of most men; they are sexist.
Article 374. In case of identity of names and surnames, the
younger person shall be obliged to use such additional
name or surname as will avoid confusion.
Example:
 The Governor of Davao del Sur. There was this person who
also carry the same name of Douglas Cagas, so what he did
was to add the mother's middle initial as his middle
initial. Douglas R. Cagas. But there is another person who
goes by the name of Douglas R. Cagas, so what he did was to
add the first two letters of his mother's surname. So Douglas
Ra. Cagas. '
 And like this one, it is a very common name "Cruz, Fernandez,
Garcia" The, you will apply for job abroad and you will be
required to go to the NBI to secure NBI Clearance, it would
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
say "HIT". It means that you have a pending case, and you are
not that person. So, parents nowadays are becoming more
creative. Sometimes, it makes it so difficult to pronounce the
names or you cannot even determine the gender.
Before RA 9048, that petition for correction of entries in the Birth
Certificate, is adversarial.
 You have to implead the Local Civil Registrar of the place
where the record is kept.
 And it is to be heard by the Court and it would take about 6
months before the Court renders a decision.
 Moreover, there is that requirement of publication: once a
week for three consecutive weeks.
o The purpose of the publication is to inform the
public in general that there is this petitioner
seeking to change his or her name and it might be
that he is a fugitive of justice or he/she has several
cases and just merely wants to avoid those
obligations.
But now, it is no longer adversarial.
The much hated PGMA is responsible for the passage or enactment of RA
9048, which makes the correction of entries only administrative.
Silverio vs. Republic
537 SCRA 373 , October 19, 2007
If you remember the ruling of the court in Silverio vs. Republic, the
SC said that assuming there is a valid basis for the petition for
correction of entries in his Birth Certificate, venue is improperly laid.
Because it is brought before the court, it is supposedly filed with the
Office of the Local Civil Registrar.
And in fact, in that law, if the petitioner is no longer living in the place
where the original record is kept, and has transferred to another place in
the Philippines, there is no need to return to Davao City.
 He/she can file a petition before the nearest Local Civil
Registrar of that place, where he/she is now residing.
 Or even if he/she is now residing abroad, he/she is only
required to file the petition before the nearest Consular
Office of the Republic of the Philippines. So, that makes it
easier on the part of the petitioner.
Grounds where you can file a petition:
 Before 9048, what is your basis for the petition? That would
be based on the Rules of Court. So, there is Rule 103 or Rule
108.
a. Rule 103 applies only to substantial changes in the
given name or surname.
b. Rule 108 is based on correction for clerical errors.
Republic vs. Sali
822 SCRA 239 , April 03, 2017
&
Republic vs. Tipay
GR NO. 209527, February 14, 2018
The SC said that it was proper for the Court to take cognizance of the
petition for correction of one's name, but not the correction on the
date of birth or birth month, because that is not covered by RA 9048.
What RA 9048 only covers is correction in the name or nickname.
What are the other grounds, where one can file a petition under the said
law? There are three grounds.
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 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
Section 4. Grounds for Change of First Name or Nickname.
– The petition for change of first name or nickname may be
allowed in any of the following cases:
1. The petitioner finds the first name or nickname to be
ridiculous, tainted with dishonor or extremely difficult
to write or pronounce.
2. The new first name or nickname has been habitually
and continuously used by the petitioner and he has
been publicly known by that by that first name or
nickname in the community: or
3. The change will avoid confusion.
1st: Tainted with dishonour
Such as your name is associated a drug lord or a kidnapper, so that is
allowed.
Bar Q:
There was a petition for change of name because his name is
extremely difficult to write or pronounce; it is associated with
the word "Supercalifragilisticexpialidocious", so he filed this
petition for change of name based on that. So, it was granted
by the Court. But the new name that he carries represents a
person who is a drug lord, so he filed another petition for
change of name. Will the petition prosper?
NO. Because it can only availed of once.
2nd and 3rd: This was cited by the SC in the case of In Re: Petition of
Julian Lin Carulasan Wang
So, in 9048, it excludes:
1. Correction of gender as well as
2. Correction of birth month or date of birth.
Take note: RA 9048 was enacted into a law and became effective April
22, 2001.
So just like in the cases of Sali and Tipay, the SC said that it was proper
for the correction of the name but not the correction of the date of birth.
So, it is still covered by the Rules of Court on Rule 108 because RA 10172,
that further amended RA 9048, that allows now the correction of one's
gender as well as date of birth or birth month.
There was no particular date of effectivity but rather I will just leave it to
you:
 Signed into law on August 15, 2012 and published in the
Philippine Star on August 24, 2012, count 15 days and that
will be the effectivity of RA 10172.
 That will be in relation to Article 2 of the Civil Code on
Effectivity of Laws.
Section 7. Duties and Powers of the Civil Registrar General. – The
civil registrar general shall, within ten (10) working days from receipt
of the decision granting a petition, exercise the power to impugn such
decision by way of an objection based on the following grounds:
1. The error is not clerical or typographical;
2. The correction of an entry or entries in the civil register is
substantial or controversial as it affects the civil status of a
person; or
3. The basis used in changing the first name or nickname of a
person does not fall under Section 4.
The civil registrar general shall immediately notify the city or
municipal civil registrar or the consul general of the action taken on
the decision. Upon receipt of the notice thereof, the city or municipal
civil registrar or the consul general shall notify the petitioner of such
action.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
The petitioner may seek reconsideration with the civil registrar
general or file the appropriate petition with the proper court.
If the civil registrar general fails to exercise his power to impugn the
decision of the city or municipal civil registrar or of the consul general
within the period prescribed herein, such decision shall become final
and executory.
Where the petition is denied by the city or municipal civil registrar or
the consul general, the petitioner may either appeal the decision to
the civil registrar general or file the appropriate petition with the
proper court.
RA 9048:
Who shall decide?
It will of course be the Local Civil Registrar of the place where the petition
is filed or the Consul General.
And that decision of the LCR or Consul General will be forwarded to the
Office of the Civil Registrar General, who has the authority to either:
1. affirm the decision of the LCR or Consul General or
2. impugn the decision of LCR or Consul General
→ based merely on the following grounds:
1. The error is not clerical or typographical;
a. Example of this is the correction on gender,
because that is not covered by RA 9048.
2. The correction of an entry or entries in the civil register is
substantial or controversial as it affects the civil status of a
person; or
a. Example: He/she is not a Filipino, because that
would be adversarial.
3. The basis used in changing the first name or nickname of a
person does not fall under Section 4.
a. Section 4 on the grounds
Prior to the effectivity of RA 10172, the correction of one's gender is
adversarial. So that would be based on either 103 or 108.
 And when RA 10172 became a law, it now includes becoming
administrative in nature, the correction of one's gender as
well as the birth month or birth date.
 But it says "No petition for correction of erroneous entry
concerning the date of birth or the sex of the person shall be
entertained except if the petition is accompanied by:
o earliest school record or
o other documents issued by religious authorities
 Such as Baptismal Certificate.
 If you are not a Catholic, there is that
Certificate of Dedication.
So this is for the correction of one's birth date or birth month.
But if you seek to change the gender, this is the requirement:
 Any entry involving change of gender corrected except if the
petition is accompanied by a certification issued by an
accredited government physician.
a. So, private practicing doctor is not allowed.
b. The law requires an accredited government
physician attesting to the fact that the petitioner
has not undergone sex change or sex transplant.
So, that is the coverage of RA 10172 in relation to Article 376.
SEC. 3. Section 5 of the Act is hereby amended to read as follows:
“SEC. 5. Form and Contents of the Petition. – The petition for
correction of a clerical or typographical error, or for change of first
Page33
name or nickname, as the case may be, shall be in the form of an
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
affidavit, subscribed and sworn to before any person authorized by
law to administer oaths. The affidavit shall set forth facts necessary
to establish the merits of the petition and shall show affirmatively
that the petitioner is competent to testify to the matters stated. The
petitioner shall state the particular erroneous entry or entries, which
are sought to be corrected and/or the change sought to be made.
The petition shall be supported with the following documents:
1. A certified true machine copy of the certificate or of the
page of the registry book containing the entry or entries
sought to be corrected or changed;
2. At least two (2) public or private documents showing the
correct entry or entries upon which the correction or
change shall be based; and
3. Other documents which the petitioner or the city or
municipal civil registrar or the consul general may
consider relevant and necessary for the approval of the
petition.
No petition for correction of erroneous entry concerning the date of
birth or the sex of a person shall be entertained except if the petition
is accompanied by earliest school record or earliest school
documents such as, but not limited to, medical records, baptismal
certificate and other documents issued by religious authorities; nor
shall any entry involving change of gender corrected except if the
petition is accompanied by a certification issued by an accredited
government physician attesting to the fact that the petitioner has not
undergone sex change or sex transplant. The petition for change of
first name or nickname, or for correction of erroneous entry
concerning the day and month in the date of birth or the sex of a
person, as the case may be, shall be published at least once a week
for two (2) consecutive weeks in a newspaper of general circulation.
Furthermore, the petitioner shall submit a certification from the
appropriate law enforcements, agencies that he has no pending case
or no criminal record.
The petition and its supporting papers shall be filed in three (3) copies
to be distributed as follows: first copy to the concerned city or
municipal civil registrar, or the consul general; second copy to the
Office of the Civil Registrar General; and third copy to the petitioner.”
Article 375. In case of identity of names and surnames
between ascendants and descendants, the word "Junior"
can be used only by a son. Grandsons and other direct male
descendants shall either:
(1) Add a middle name or the mother's surname, or
(2) Add the Roman numerals II, III, and so on.
Article 376. No person can change his name or surname
without judicial authority.
Article 377. Usurpation of a name and surname may be the
subject of an action for damages and other relief.
Article 378. The unauthorized or unlawful use of another
person's surname gives a right of action to the latter.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
Article 379. The employment of pen names or stage names
is permitted, provided it is done in good faith and there is
no injury to third persons. Pen names and stage names
cannot be usurped.
QN: Who would use pen names?
A: The writers or novelists.
Article 380. Except as provided in the preceding article, no
person shall use different names and surnames.
CASES:
Republic vs. CA and Vicencio
300 SCRA 138 , December 14, 1998
FACTS: The petitioner here is a legitimate child however, her father
left the conjugal dwelling while still a minor and the mother
remarried. She now files a petition seeking that she be allowed to use
the surname of the step-father, citing the ruling of the Court in the
cases of Calderon vs. Republic, and Llaneta vs. Agrava,.
HELD: The SC said that use of surname is a matter of privilege and
thus, she cannot use the surname of the stepfather if he will not
adopt her because more confusion would arise if she would be
allowed to do so.
The ruling of the Court in the cases of Calderon vs. Republic,
and Llaneta vs. Agrava, find no application because in those cases,
the petitioners were illegitimate children and they were allowed to
use the respective surname of their respective step-father who
would now adopt them to remove the stigma of illegitimacy, which
was not true in this case. So that was the reason for the denial.
Julian & Stephanie’s cases involved the use of the mother's surname:
In Re: Petition of Julian Lin Carulasan Wang
454 SCRA 155
FACTS: In the case of In Re: Petition of Julian Lin Carulasan Wang, he
was legitimated by the subsequent marriage of the parents and
according to the mother, the petitioner in this case, in behalf of the
minor child, they have this intention to migrate to Singapore and in
Singapore, there is no such thing as middle name and there is no
letter R, so it would be easier for Julian to be integrated into
Singaporean society, if he is to drop his mother's surname.
HELD: The SC denied the petition on the ground that it is not one of
the grounds cited under the law and it served maternal lineage or
filiation of a person. The reason cited by the mother is convenience,
so how could it be a ground for change. So, the other reason cited by
the Court is?
(Excerpt from FT:)
In the case at bar, the only reason advanced by petitioner for the
dropping his middle name is convenience. However, how such change
of name would make his integration into Singaporean society easier
and convenient is not clearly established. That the continued use of
his middle name would cause confusion and difficulty does not
constitute proper and reasonable cause to drop it from his registered
complete name.
In addition, petitioner is only a minor. Considering the nebulous
foundation on which his petition for change of name is based, it is best
that the matter of change of his name be left to his judgment and
discretion when he reaches the age of majority. As he is of tender age,
he may not yet understand and appreciate the value of the change of
Page34
his name and granting of the same at this point may just prejudice
him in his rights under our laws.
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
Had already been asked in the Bar twice.
In the Matter of Adoption of Stephanie Nathy Astorga Garcia
454 SCRA 541 , March 31, 2005
FACTS: Stephanie Nathy Astorga Garcia is an illegitimate child. The
father decided to adopt her and it was granted. But she is only to use
the surname "Catindig", that is the surname of the father.
So the father filed a partial motion for reconsideration, praying that
the child be allowed to continue using the surname "Garcia" as the
child's middle name. And this was opposed by the Republic,
contending that under the law, the adopted child shall bear the
surname of the mother.
HELD: The SC, citing the best interest of the child principle, and of
course, the SC said that to allow Stephanie Nathy Astorga Garcia to
continue using her mother's surname as her middle name will not
only sustain her continued loving relationship with her mother but
will also eliminate the stigma of her illegitimacy.
Now, if the child is a legitimate child is not recognized by the father, what
would be the middle name of the child?
This was answered by the SC in the case of Republic vs. Capote.
Republic vs. Capote
514 SCRA 76 , February 02, 2007
The illegitimate child shall have no middle name, the illegitimate child
cannot appropriate the middle name of the mother. Otherwise, they
would become siblings. So, the illegitimate child not recognized by
the father does not have any middle name.
Remo vs. Secretary of DFA
614 SCRA 281 , March 05, 2010
In relation to Article 370, the SC said that YES, it is only optional but
once you have chosen, you can no longer revert. Otherwise, more
confusion would arise.
Grande vs. Antonio
716 SCRA 698 , February 18, 2014
The father filed a petition in Court to compel the children to use his
surname by virtue of his recognition. In fact, the SC there is no need
for him to file a petition for judicial recognition of the
acknowledgment because the mere execution of that
acknowledgment document is already sufficient as proof of
recognition of his filiation over the illegitimate children. With respect
to the prayer that he be granted custody and parental authority over
the children, the SC said that the right of custody springs from the
exercise of parental authority. And under Article 176, the mother
exercises parental authority over the illegitimate children. Under the
Family Code, vests custody solely on the mother, so it is not allowed.
But this was relaxed by the SC in the case of Masbate vs Relucio. You
have to read Masbate vs. Relucio in relation to Grande vs. Antonio.
Gan vs. Republic
803 SCRA 204
The Court denied the petition. She alleged that she had been using
the surname of the father but there was no evidence of proof
submitted that she was recognized by her father under the Civil
Code.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
Republic vs. Sali
822 SCRA 239 , April 03, 2017
In relation to this is the case of Republic vs. Tipay, where the petition
for correction of name id proper under RA 9048 but not for the
correction for the date of birth because at that time, RA 10172 has
yet to take effect so it should be covered by either Rule 103 or Rule
108. It is Rule 108 for correction of entries.
Barcelote vs. Republic
GR NO. 222095 08/07/2017
It was erroneous for the father to register the birth of the children.
They being illegitimate children. The only legally known parent of an
illegitimate child is the mother. And it is the mother who must sign
the birth certificate and agree the information entered into the birth
certificate of the children because of Article 176 of the Family Code.
So, it is mandatory that the mother of the illegitimate child signs the
birth certificate of the children.
Regardless, remember the ruling of the Court in the case of Roces vs.
Local Civil Registrar of Manila, that the only known parent of the
child is the mother. And thus, the signature appearing the birth
certificate of an illegitimate child should only that of the mother. But
if the father recognizes the child, the birth certificate must bear both
the signature of the mother and the recognizing parent. Because we
go back to the case of Calimag vs. Macapaz, if the child is legitimate,
only one signature is required, even if it is the signature of the mother
in as much as the child is legitimate.
But not if the child is illegitimate, the law requires that it should be
the mother who should report the birth of the child properly enters
the information on the birth certificate. And it should only be the
mother who should do so. And it is only her signature that should
appear, unless, the father recognizes the child.
Chua vs. Republic
GR NO. 231998 11/20/17
The Court granted the petition because he had been using the
surname "Chua" in all his documents and credentials.
Republic vs. Gallo
GR NO. 207074, JANUARY 17, 2018
It should be Rule 108 of the Rules of Court with respect to change of
sex. But as to other corrections of entries, RA 9048.
I have already discussed the Republic vs. Tipay, this is from the Davao
Oriental case.
TITLE XIV
ABSENCE
The absence here refers only to the administration of the property of the
absentee. This has nothing to do whatsoever with Article 41. Article 41
applies only when it is solely for the purpose of remarriage. But if we talk
about the administration of the property of the absentee-spouse, then it
is governed by Title XIV.
CHAPTER 1
Provisional Measures in Case of Absence
Page35
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
Article 381. When a person disappears from his domicile,
his whereabouts being unknown, and without leaving an
agent to administer his property, the judge, at the instance
of an interested party, a relative, or a friend, may appoint a
person to represent him in all that may be necessary.
This same rule shall be observed when under similar
circumstances the power conferred by the absentee has
expired. (181a)
Article 382. The appointment referred to in the preceding
article having been made, the judge shall take the
necessary measures to safeguard the rights and interests of
the absentee and shall specify the powers, obligations and
remuneration of his representative, regulating them,
according to the circumstances, by the rules concerning
guardians. (182)
Article 383. In the appointment of a representative, the
spouse present shall be preferred when there is no legal
separation.
If the absentee left no spouse, or if the spouse present is a
minor, any competent person may be appointed by the
court. (183a)
CHAPER 2
Declaration of Absence
Article 384. Two years having elapsed without any news
about the absentee or since the receipt of the last news,
and five years in case the absentee has left a person in
charge of the administration of his property, his absence
may be declared. (184)
When can one file a petition to declare the person an absentee?
1. 2 years if he did not appoint any administrator prior to the
disappearance
2. 5 years if he has appointed an administrator before his
disappearance.
Who may ask for the declaration of absence?
Article 385. The following may ask for the declaration of
absence:
(1) The spouse present;
(2) The heirs instituted in a will, who may present an
authentic copy of the same;
(3) The relatives who may succeed by the law of intestacy;
(4) Those who may have over the property of the absentee
some right subordinated to the condition of his death. (185)
Number 3: Who are those relatives who may succeed by the law of
intestacy?
a. Siblings, if the person has no primary compulsory heirs and
has no secondary compulsory.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
a. Who are the secondary compulsory? The parents,
regardless if legitimate or illegitimate.
b. When does it require to be legitimate? For ascendants, as
provided for under Article 190 on the estate.
Number 4: Example would be legatee, devisee and creditors.
Article 386. The judicial declaration of absence shall not
take effect until six months after its publication in a
newspaper of general circulation. (186a)
CHAPTER 3
Administration of the Property of the Absentee
Article 387. An administrator of the absentee's property
shall be appointed in accordance with article 383. (187a)
So if the person who disappeared is married, and it is always presumed
that it is the husband who disappears, the wife who is appointed as the
administrator of the husband’s property cannot alienate and encumber
the properties – even their common properties – without judicial
authority as reiterated in Article 101 of the FC.
If the wife is the administrator of the husband, the powers granted to
the wife is only that if an administrator.
 Purely administration and does not include the power to
dispose and any encumbrance and disposition shall be
unenforceable because it will be beyond the limits of the
powers of administration granted to the administrator wife.
 It is void if it is conjugal or community property.
Unenforceable: Alienation or encumbrance of properties under the
administration of the wife.
Void: Alienation or encumbrance of conjugal or community property.
The wife can only encumber the separate property of the husband if the
community or the conjugal partnership is insufficient.
Article 388. The wife who is appointed as an administratrix
of the husband's property cannot alienate or encumber the
husband's property, or that of the conjugal partnership,
without judicial authority. (188a)
Article 389. The administration shall cease in any of the
following cases:
1. When the absentee appears personally or by means of
an agent;
2. When the death of the absentee is proved and his testate
or intestate heirs appear;
3. When a third person appears, showing by a proper
document that he has acquired the absentee's property by
purchase or other title.
In these cases the administrator shall cease in the
performance of his office, and the property shall be at the
disposal of those who may have a right thereto. (190)
1. When the absentee appears personally or by means of an agent.
The agent must be armed with a general power of Attorney.
 The SPA is only limited as to what is specified in such SPA.
Page36
 If general power, it refers to administration.
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
 If the agent has that GPA, the administration ceases.
2. When the death of the absentee is proved and his testate or intestate
heirs appear.
 Testate may be holographic or notarial.
 Those who are to succeed under intestacy include those
compulsory primary. In the absence of children, the parents.
 Secondary compulsory heirs – illegitimate children and
surviving spouse.
 Then we have concurring heirs – brothers and sisters,
nephews and nieces.
3. When a third person appears, showing by a proper document that
he has acquired the absentee's property by purchase or other title.
 “other title” – through barter or exchange
QN: Supposed that the person who appeared shows a deed of sale but is
not notarized? Can that be done?
A: Of course, because sale is perfected by mere consent. The burden of
proof is on the 3rd party that he had acquired the property when the
absentee is still alive.
 Remember that consensual contracts are perfected by mere
consent, even an oral sale is valid.
 The only reason that there is that requirement of having it
reduced on a private document is for the purpose of
transferring the title from the seller to the buyer but will not
affect the validity of the contract of sale.
 The only requirement that needed written consent is the
conjugal property or community property.
No. 3 is sufficient because at the time the contract is entered into, the
absentee was still alive.
CHAPTER 4
Presumption of Death
Article 390. After an absence of seven years, it being
unknown whether or not the absentee still lives, he shall be
presumed dead for all purposes, except for those of
succession.
The absentee shall not be presumed dead for the purpose
of opening his succession till after an absence of ten years.
If he disappeared after the age of seventy—five years, an
absence of five years shall be sufficient in order that his
succession may be opened. (n)
People vs. Manuel
Why should one obtain a decree of presumptive death when the law
provides for the presumption under article 390?
Because of the prior decisions of the Supreme Court for those who
contracted subsequent marriages under the Civil code that there is
no need to obtain a decree of presumptive because it is the law itself
provides for the presumption of death but not subsequent marriages
under art 41 of FC that requires now the decree of presumptive
death. So, that declaration of absence under this article does not
refer to art 41. This is only for purposes of administration of the
property. 2 years prior to disappearance and 5 years if he has an
administrator prior his disappearance.
When is a person deemed to have died?
 We have ordinary presumption under article 390, if he
disappeared for a period of 7 years but the 7 years must be
continuous.
o It must not be broken or intermittent.
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
Where he is assumed dead for all purposes except for purposes of
opening is succession.
The heirs cannot divide his estate yet.
XPN: if he had disappeared for a period of 10 years.
XPN to the XPN: He disappeared at age 75:
 5 years is sufficient including that opening his succession or
dividing his estate.
Extraordinary absence is Article 391 but is limited only to 3.
Article 391. The following shall be presumed dead for all
purposes, including the division of the estate among the
heirs:
(1) A person on board a vessel lost during a sea voyage, or
an aeroplane which is missing, who has not been heard of
for four years since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war,
and has been missing for four years;
(3) A person who has been in danger of death under other
circumstances and his existence has not been known for
four years. (n)
1. A person on board a vessel lost during a sea voyage, or an aeroplane
which is missing, who has not been heard of for four years since the
loss of the vessel or aeroplane;
This will not apply if it is only the person who is missing, such as if he
jumped overboard. The law requires both the person and the aeroplane
or vessel be lost.
2. A person in the armed forces who has taken part in war, and has
been missing for four years.
Refers to members of the arm forces.
Now what about the journalists who join them? They are under no. 3.
3. A person who has been in danger of death under other circumstances
and his existence has not been known for four years.
Supposed there is an earthquake and the building collapsed. Is there
immediate presumption of death? No. because there are those who
would survive.
If a person jumped overboard a ship in the middle of the Atlantic Ocean,
you can now apply preponderance of evidence. You can apply immediate
presumption of death.
When is death deemed to have occurred?
 Article 390: On the last day of the 7th year.
 Article 391: On the first day of disappearance, but you have
to wait for 4 years.
o After 4 years has lapsed, it is deemed that a person
has died on the 1st day of being lost
Article 392. If the absentee appears, or without appearing
his existence is proved, he shall recover his property in the
condition in which it may be found, and the price of any
property that may have been alienated or the property
acquired therewith; but he cannot claim either fruits or
rents. (194)
Situation: Supposed that he was lost for 10 years and his heirs has
Page37
already divided his estate and he reappeared on the 11th year. If he had
planted coconut trees before he was lost and when he reappeared there
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
are already cacao and the property is situated in Malagos. So he will get
the property in that condition and cannot ask the coconut trees to be
replanted.
 Or supposed the heirs has already alienated the property, he
can recover the price but not the interest and the fruits
 Or the property was sold to purchase another property. Then
the new property will be recovered by the reappearing party
CHAPTER 5
Effect of Absence Upon the Contingent Rights of the Absentee
Article 393. Whoever claims a right pertaining to a person
whose existence is not recognized must prove that he was
living at the time his existence was necessary in order to
acquire said right. (195)
What is a sample of a right? Ownership is a right.
There are 3 ways of acquiring ownership
1. Gratuitous
2. Onerous
3. Occupation through prescription
Situation: Suppose a property was acquired through onerous title.
In relation to 389 (3). Suppose X disappeared in 1980 and Y appeared in
1985 and purchased the property of X in 1989 which at that time X is still
missing. The burden of proof is on Y that when he purchased the
property in 1989 X was still alive. Suppose that the only document he can
show is an authorized deed of sale which is valid, how can Y further prove
that X was still alive?
 Of course there will always be witnesses to the transaction.
You go to the place where it was allegedly executed.
Article 394. Without prejudice to the provision of the
preceding article, upon the opening of a succession to
which an absentee is called, his share shall accrue to his
coheirs, unless he has heirs, assigns, or a representative.
They shall all, as the case may be, make an inventory of the
property. (196a)
Situation: Suppose X has siblings A, B and C and their parents died.
Therefore they are entitled to ¼ each. But X went missing.
 Then the remaining heirs would equally share the ¼ part of X.
 Or, if X has heirs, his share will accrue to his heirs.
Article 395. The provisions of the preceding article are
understood to be without prejudice to the action of
petition for inheritance or other rights which are vested in
the absentee, his representatives or successors in interest.
These rights shall not be extinguished save by lapse of time
fixed for prescription. In the record that is made in the
Registry of the real estate which accrues to the coheirs, the
circumstance of its being subject to the provisions of this
article shall be stated. (197)
The rights of the heirs will be annotated at the back of the title.
Article 396. Those who may have entered upon the
inheritance shall appropriate the fruits received in good
faith so long as the absentee does not appear, or while his
representatives or successors in interest do not bring the
proper actions. (198)
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
TITLE X
FUNERALS (n)
Article 305. The duty and the right to make arrangements
for the funeral of a relative shall be in accordance with the
order established for support, under article 294 (now
already Article 199). In case of descendants of the same
degree, or of brothers and sisters, the oldest shall be
preferred. In case of ascendants, the paternal shall have a
better right.
In relation:
Art. 199. Whenever two or more persons are obliged to
give support, the liability shall devolve upon the following
persons in the order herein provided:
1. The spouse;
2. The descendants in the nearest degree;
3. The ascendants in the nearest degree; and
4. The brothers and sisters
Case: One case involved a soldier who died. The widow and the mother
in law are disputing as if the remains should be cremated as requested
by the late soldier. The mother in law said no because she wanted the
body to be buried beside the mother in law’s husband.
Ruling: Article 305 is the answer
Article 306. Every funeral shall be in keeping with the social
position of the deceased.
Article 307. The funeral shall be in accordance with the
expressed wishes of the deceased. In the absence of such
expression, his religious beliefs or affiliation shall
determine the funeral rites. In case of doubt, the form of
the funeral shall be decided upon by the person obliged to
make arrangements for the same, after consulting the
other members of the family.
Refers only to the prescribed form of the funeral rites.
Article 308. No human remains shall be retained, interred,
disposed of or exhumed without the consent of the persons
mentioned in articles 294 (now Article 199) and 305.
Valino v. Adriano
Facts: Valino is a lawyer who is separated from his wife Rosario. After
20 years, he courted Valino, his client. The lived together as husband
and wife. When Adriano died, Valino informed Rosario of such death.
When Rosario returned to the Philippines, Adriano was already
buried in the memorial park owned by the paramour. It was the wish
of Adriano to be buried there, as alleged by Valino.
Issue: Who has the better right over the funeral arrangement?
Ruling: Rosario, the legal wife. Art 199 in relation to art 305. The SC
said that no matter how long Valino and Adriano has lived together,
she is not the wife of the deceased. As to the express wish, there must
be an evidence showing of the same. Further, granting that it was an
express wish, according to Tolentino, it will be contrary to law,
morals, public order & public policy.
Article 309. Any person who shows disrespect to the dead,
Page38
or wrongfully interferes with a funeral shall be liable to the
family of the deceased for damages, material and moral.
 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020
Article 310. The construction of a tombstone or
mausoleum shall be deemed a part of the funeral expenses,
and shall be chargeable to the conjugal partnership
property, if the deceased is one of the spouses.
TITLE XVI
CIVIL REGISTER
Article 407. Acts, events and judicial decrees concerning
the civil status of persons shall be recorded in the civil
register. (325a)
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. (326a)
Article 409. In cases of legal separation, adoption,
naturalization and other judicial orders mentioned in the
preceding article, it shall be the duty of the clerk of the
court which issued the decree to ascertain whether the
same has been registered, and if this has not been done, to
send a copy of said decree to the civil registry of the city or
municipality where the court is functioning. (n)
Article 410. The books making up the civil register and all
documents relating thereto shall be considered public
TSN by Cuartero, Dollaga, Deiparine, Fortuna, Labastida, Plaza, Reyes, Suyo, Zapanta
documents and shall be prima facie evidence of the facts
therein contained. (n)
Article 411. Every civil registrar shall be civilly responsible
for any unauthorized alteration made in any civil register,
to any person suffering damage thereby. However, the civil
registrar may exempt himself from such liability if he
proves that he has taken every reasonable precaution to
prevent the unlawful alteration. (n)
Article 412. No entry in a civil register shall be changed or
corrected, without a judicial order. (n)
Article 413. All other matters pertaining to the registration
of civil status shall be governed by special laws. (n)
Cases:
Silverio vs. Republic
537 SCRA 373 , October 19, 2007
The SC said that assuming the petition is proper, however the RA
9042 provides that any petition for the change of name ceases to be
judicial. It is merely administrative. Therefore, the petition should
have been filed in the local civil registrar where the document is kept
or where he is residing or the consular office of the RP nearest to the
place of residence.
Republic vs. Cagandahan
565 SCRA 72 , September 12, 2008
Jennifer was born intersex, suffering from congenital adrenal
hyperplasia. She filed a petition to change his name from Jennifer to
Jeffrey. The doctors testified in his behalf that there really are
persons who are born intersex. The Court granted the petition
because of the circumstances how she developed into the man.
Hence, the name was changed from Jenifer to Jeffrey.
Corpuz vs. Sto. Tomas
628 SCRA 266 , August 11, 2010
Error on the part of the husband to file a petition for recognition of
the decree of divorce because of the nationality theory. It should
have been the wife and not by the husband.
Iwasawa vs. Gangan
705 SCRA 669 , September 11, 2013
Iwasawa filed a petition of declaration of nullity of marriage with
Gangan. He found out that Gangan was already married in 1992 to an
Aramburo, who only died in 2009. The only evidence he presented
were the documents from the NSO without presenting the clerk and
custodian of these documents thereby denying the petition by the
RTC. However, the SC ruled that there is no need to present such clerk
and custodian by virtue of article 410 of the Civil Code.
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 Atty. Galas • Persons and Family Relations • A.Y. 2019-2020

Republic vs. Olaybar

715 SCRA 605 , February 10, 2014

Olaybar found out that she was already married to a Korean. But she
denied having contracted such marriage. She presented the clerk
where the marriage was allegedly solemnized and an agent of the NBI
testified on the forgery of her signature. True enough, the clerk
testified that there really was a marriage between the Korean &
olaybar. However, she was not the Olaybar who appeared during the
marriage. The Republic opposed the petition, as according to them it
is a circumvention because Olaybar is seeking the nullity of her
marriage which should not be allowed.

The SC held that there is no circumvention because there really no

marriage that celebrated at all. There the remedy was proper.

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