PERSONS & FAMILY

RELATIONS

ATTY. TERESITA L. CRUZ

 FAMILY
RELATIONS
Art. 150 FC. FAMILY RELATIONS
1. Between husband and wife;
2. Between parents and children;

3. Among ascendants/descendants;

4. Among brothers & sisters, whether

of full or half-blood.
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 TO
COMPROMISE have been made,
but the same have failed.
Art. 152/153. FAMILY HOME

1. Constituted by H & W or unmarried head of

the family on a H & L from the time it is
occupied as a family residence; only 1 FH
(A161); continue as such FH despite death
of the spouses or unmarried head of the
family for 10 years AND as long as there is
a minor beneficiary living therein. (A159)
2. BENEFICIARIES of the FH

a. H&W OR an unmarried head of the

family

b. Parents, ascendants, descendants

brothers and sisters, legitimate or
illegitimate, living in the FH AND
dependent upon the head of the family
for legal support.
3. EXEMPT from execution, forced sale,
or attachment EXCEPT: (A155)

a. Non-payment of taxes;
b. Debts incurred prior to
constitution of the FH;
c. Debts secured by mortgages
on the premises before/after
constitution of the FH;
d. Debts due to laborers, mechanics,
architects, builders, etc. who
rendered service/materials for
construction of the building.
4. ACTUAL VALUE of FH: P300K in urban
areas; P200K in rural areas or such
amounts as may hereafter be fixed by
law (Art. 157).

5. May be sold, alienated, donated,

assigned or encumbered with the
written consent of the person
constituting the FH, the latter’s
spouse and majority of the
beneficiaries of legal age; in case
of conflict, the court shall decide.
(Art.158).
6. EXECUTION OF the FAMILY HOME

Judgment in favor of creditor not one

of those in Art. 155 and FH worth >
than Art. 157 execution - lowest
bid as provided in Art. 157 and
applied in said Art. 157, then to
liabilities under the judgment and
costs; EXCESS to the judgment debtor.
(Art. 160)
PATERNITY
AND
FILIATION
FILIATION
May be by NATURE
or by ADOPTION

Inter-Country Adoption
Act of 1995 (6/7/95)
Domestic Adoption Act
of 1998 (2/25/98)
LEGITIMATE CHILDREN
A. Are those: (Art. 164 FC)
1. Conceived or born during marriage;
2. Conceived by artificial insemination;
a. authorized by BOTH spouses;
b. in a written instrument;
c. signed by BOTH spouses before
birth of child;
d. recorded in the LCR together
w/ birth certificate of child;
3. Whose mother may have declared
against the legitimacy/may have
been sentenced an adulteress.
(Art. 167 FC)
B. shall have the RIGHT TO: (Art. 174 FC)
1. Bear surnames of F and M;
2. Receive support from their parents,
ascendants, brothers/sisters;
3. Legitime/successional rights.
C. FILIATION IS ESTABLISHED BY: (Art. 172 FC)
1. Record of birth appearing in the civil
register or a final judgment;
2. An admission in a public document or a
private hand-written instrument signed
by the concerned parent.
In their absence, legitimate filiation
shall be proved by:
(1) Open & continuous possession of the
status of a legitimate child.;
(2) Any other means allowed by the Rules
of Court and special laws.
D. ACTION TO CLAIM LEGITIMACY
may be brought by the: (Art. 173 FC)

1. CHILD - during his/her lifetime;

action commenced by child shall
survive notwithstanding the death
of either or both of the parties.

2. HEIRS OF THE CHILD - should the

child die during minority or in a
state of insanity; within a period
of 5 years from death
of the child.
E. LEGITIMACY of a child may be IMPUGNED
only on the ff. GROUNDS: (Art. 166 FC)
1. Physical impossibility for the husband to have
sexual intercourse w/ his wife within the first
120 days of the 300 days which immediately
preceded the birth of the child because of:
(a) physical incapacity of husband to have
sexual intercourse with his wife;
(b) fact that H & W were living separately that
sexual intercourse was NOT possible;
(c) serious illness of the husband, which
absolutely prevented sexual intercourse;
2. Biological or other scientific reasons that the
child could not have been that of the husband;
3. In case of artificial insemination, the written
authorization or ratification of either parent
was obtained through mistake, fraud, violence,
intimidation or undue influence.
WHO MAY IMPUGN LEGITIMACY
OF THE CHILD?
GEN. RULE: Husband
EXCEPTION:
Heirs of the husband
(Art. 171 FC)

1. If the husband should die before the

expiration of the period fixed for
bringing his action;
2. If H should die after filing of the
complaint, w/o having desisted
therefrom;
3. If the child was born after the
death of the husband. (Art. 171 FC).
PERIOD TO IMPUGN LEGITIMACY (Art. 170 FC)
1. One (1) yr. from the knowledge of the birth
or its recording in the Civil Register, if
H/heirs reside in the city or municipality
where the birth took place or was
recorded;
2. If H/heirs do not reside at the place of
birth/where it was recorded - period shall
be 2 years if they reside in the Phil; 3 yrs.,
if they reside abroad;
3. If birth has been concealed/unknown to
the H/heirs – period shall be counted from
the discovery or knowledge of the birth of
the child or of the fact of registration of
said birth, WHICHEVER IS EARLIER.
ILLEGITIMATE CHILDREN
A. are those: (Art. 165 FC)
1. Conceived AND born outside
a valid marriage.
B. shall have the RIGHT: (Art. 176)
1. Use the surname*; be under the parental
authority of their mother; *(R.A. 9255);
2. Entitled to support in conformity w/ the
Family Code;
3. Entitled to legitime w/c is 1/2 the legitime
of a legitimate child.
C. FILIATION IS ESTABLISHED by the same
evidence as in Article 172 and w/n the same
period as in Art. 173 except when based on
2nd par. of Article 172 in w/c case the action
may be brought only DURING THE LIFETIME
of the alleged PARENT.
LEGITIMATED CHILDREN
A. are those: (Arts. 177/178 FC)
Conceived and born outside of wedlock of
parents who at the time of conception
have *NO LEGAL IMPEDIMENT to marry
each other and whose parents subsequently
married each other. *(R.A. 9858)

B. Shall have the SAME rights as legitimate

children (Art. 179 FC)

C. Legitimation retroacts to the time of the

child’s birth (Art. 180 FC)
RULES IF FIRST MARRIAGE WAS
TERMINATED & MOTHER CONTRACTED
A SUBSEQUENT MARRIAGE (Art. 168 FC).
1. A child born before 180 days after the
solemnization of the subsequent
marriage is considered to have been
conceived during the 1st marriage,
provided it be born w/n 300 days after
the termination of the 1st marriage.

2. A child born after 180 days after the

solemnization of the subsequent
marriage is considered to have been
conceived during such marriage, even
though it be born w/n the 300 days after
the termination of the 1st marriage.
ADOPTION
Domestic Adoption Act of 1998
R.A. 8552 (2/25/98)

Inter-Country Adoption Act of 1995

R.A. 8043 (6/7/95)
Domestic Adoption Act of 1998
WHO MAY ADOPT?
1. Any Filipino citizen
a. of legal age;
b. with full civil capacity and legal rights;
c. of good moral character;
d. not convicted of a crime involving moral turpitude;
e. emotionally and psychologically capable of caring
for children;
f. in a position to support and care for his children in
keeping with the means of the family;
g. at least 16 years older than adoptee;
> 16-year-gap between adopter and adoptee may
be waived if:
a. Adopter is the biological parent of adoptee;
OR
b. Adopter is the spouse of the adoptee’s
parent.
2. Any alien/foreigner
a. same qualifications above-stated;
b. whose country has diplomatic relations
with RP;
c. living in the RP for at least 3 continuous
years prior to filing petition for adoption
until adoption decree is entered;
d. certified by his diplomatic/consular office
to have legal capacity to adopt in his
country;
e. whose government allows the adoptee to
enter his country as his adopted child.

3. The guardian w/ respect to the ward after

the termination of the guardianship and
clearance of his/her financial liabilities.
Residency and Certification of
alien’s qualification to adopt in
his country may be waived for:
1. a former Filipino citizen who seeks
to adopt a relative within the 4th
degree of consanguinity or affinity;
2. one who seeks to adopt the
legitimate child of his Filipino
spouse;
3. one who is married to a Filipino
citizen, seeking to adopt jointly
with his spouse a relative within
the 4th degree of consanguinity or
affinity of the Filipino spouse.
Husband and wife shall
JOINTLY ADOPT, EXCEPT
IF:

1. one spouse seeks to adopt the leg.

child of the other spouse; OR

2. one spouse seeks to adopt his own

illegitimate child, provided, that the
other spouse has signified his consent
thereto; OR

3. the spouses are legally separated from

each other.
WHO MAY BE ADOPTED?
1. Any person below 18 yrs. who has
been adm./judicially declared
available for adoption;
2. Leg. son/daughter of one spouse
by the other spouse;
3. Ill. son/daughter by a qualified adopter to
improve his/her status to that of legitimacy;
4. A person of legal age if, prior to the
adoption, said person has been consistently
considered and treated by the adopter as
his/her own child since minority;
5. A child whose adoption has been previously
rescinded;
6. A child whose biological/adoptive parents
have died, provided, that no proceedings
shall be initiated w/n 6 months from the
time of death of said parent;
WHOSE CONSENT IS NECESSARY
TO THE ADOPTION?
1. The adoptee, if 10 years
or over;
2. Biological parents of the child,
if known, or legal guardian or
the proper govt. instrumentality
which has legal custody of the child;
3. Legitimate & adopted children, 10 yrs or
over, of the adopter(s) & adoptee, if any;
4. Illegitimate children, 10 yrs or over of the
adopter, if living w/ said adopter & the
latter’s spouse, if any;
5. Spouse, if any, of the person adopting or
to be adopted.
WHERE TO
FILE PETITION?
Family Court of the
province or city where
the prospective adoptive
parents reside.
PUBLICATION:
Once a week for 3 successive
weeks in a newspaper of
general circulation in the
province/city where court is
situated.
Child and Home Study
Reports
➢ to be conducted by DSWD
licensed social worker on the
adoptee, biological parent(s) and
adopter(s).

➢ to be submitted together with

findings and recommendations to
the court hearing the petition.
Supervised Trial Custody
• 6-month-period for adoptee and
adopter(s) to adjust psychologically
and emotionally to each other;
• to establish a bonding relationship;
• TEMPORARY parental authority vested
in the adopter(s);
• Court may reduce trial custody period,
if it is in the best interest of the child.
alien adopter(s) 6-month trial
custody period
MUST be completed,
unless alien adopter
falls under Sec. 7(b).
Adoption Decree
➢ effective as of the date the original
petition was filed;

➢ AMENDED birth certificate of

adoptee to be issued by LCR;
original birth certificate
shall be “CANCELLED”.
Adoption
EFFECTS OF ADOPTION:
1. Except where the biological parent is the spouse
of the adopter, all legal ties between biological
parent(s) and the adoptee shall be severed and the
same shall be vested on the adopter(s).

2. Adoptee shall be considered the legitimate child of

the adopter(s) entitled to all the rights and
obligations provided by law to legitimate children,
w/o discrimination of any kind; adoptee entitled to
love, guidance and support in keeping with the
means of the family.

3. In legal and intestate succession, adopter(s) and

adoptee shall have reciprocal rights of succession,
without distinction from legitimate filiation. The
law on testamentary succession shall govern if
adoptee and his biological parent(s) left a will.
RESCISSION OF ADOPTION
Who may petition for the
rescission of the adoption?

ONLY the ADOPTEE, with the

assistance of the DSWD, if a minor
or if over 18 years of age but is
incapacitated, may file the petition.
GROUNDS FOR RESCISSION
OF ADOPTION:
1. repeated physical and verbal
maltreatment by the adopter(s)
despite counselling;
2. attempt on the life of adoptee;
3. sexual assault or violence;
4. abandonment and failure to
comply with parental obligations.
Adopter may DISINHERIT
adoptee for causes provided
under Art. 919 NCC.
EFFECTS OF RESCISSION OF ADOPTION:
1. Parental authority of adoptee’s biological
parent(s) or legal custody of DSWD, if adoptee is
still a minor or incapacitated, shall be
RESTORED.

2. Reciprocal rights and obligations of the

adopter(s) and the adoptee to each other shall be
EXTINGUISHED.

3. The court shall order the LCR to CANCEL

amended birth certificate and RESTORE original
birth certificate of the adoptee.

4. Successional rights shall REVERT to its status

prior to the adoption as of the date of judicial
rescission. Vested rights acquired prior to
judicial rescission shall be respected.
INTER-COUNTRY ADOPTION
ACT (R.A. 8043)

socio-legal process of adopting a

Filipino child by a foreigner or by a
Filipino citizen permanently residing
abroad where the petition is filed,
supervised trial custody is
undertaken and the decree of
adoption is issued OUTSIDE the
Philippines.
WHERE TO FILE
APPLICATION?

RTC of the RP having jurisdiction

over the child OR with the Board,
through an intermediate agency,
whether governmental or an
authorized/accredited agency, in
the country of the prospective
adoptive parents.
FAMILY SELECTION/MATCHING
No child shall be matched to a foreign adoptive
family unless it is satisfactorily shown that the
child cannot be adopted locally.

➢ Adoptive parents, or any one of them, shall

personally fetch the child in the Phil.

PRE-ADOPTIVE PLACEMENT COSTS

1. Cost of bringing child from RP to the
residence of the applicant(s) abroad
including all travel expenses w/n the Phil.
and abroad.
2. Cost of passport, visa, medical examination
and psychological evaluation required and
other related expenses.
SUPERVISED TRIAL CUSTODY
six (6) months from the time of
placement by the government
agency or the authorized/accredited
agency in the country of the
adoptive parents.

➢ After the lapse of the 6-month trial

custody, decree of adoption shall be
issued in the said country, copy
furnished the Board to form part of
the records of the child