Title VIII-SUPPORT  If adultery is proved and sustained, it will defeat
ARTICLE 194-208, FC the action for support.
IN GENERAL
 CONCEPT:
 Legal support, also known as family support, is that
which is provided by law, comprising everything
indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation, in
keeping with the financial capacity of the family.
 The education of the person entitled to be supported
shall include his schooling or training for some
profession, trade or vocation, even beyond the age
of majority, while transportation shall include
expenses in going to and from school, or to and from
place of work.
 WHO ARE OBLIGED TO SUPPORT EACH OTHER:
1. The spouses;
 To be entitled to support, the spouse must be the
legitimate spouse.
 After final judgment granting the petition (in legal
separation or annulment of marriage or declaration
of nullity of marriage), the obligation of mutual
support ceases.
 Exception: In legal separation, however, the court
“may” order the guilty spouse to give support to the
innocent one.
 Adultery of the Wife is a valid defense in an action
for support.
 But if both are equally at fault the principle of in
pari delicto applies, in which case, the husband
cannot avail of the defense of adultery.
2. Legitimate ascendants and descendants;
3. Parents and their children (whether legitimate or
illegitimate) and the latter’s children (whether
legitimate or illegitimate);
4. Legitimate brothers and sisters (whether of full or
half-blood);
5. Brothers and sisters, not legitimately related.
 Exception: The right to support ceases when the
need for support of a brother or sister, of legal
age, is due to a cause imputable to the claimant’s
fault or negligence.
 Lim v. Lim
 the grandparents theorized that their liability to
give support to their legitimate grandchildren is
activated only upon default of parental authority,
conceivably either by its termination or
suspension during the children’s minority.
 The Court held that neither the text of the law nor
the teaching of jurisprudence supports this severe
constriction of the scope of familial obligation to
give support.
1
  In the first place, the governing text are the
relevant provisions in Title VIII of the Civil Code,
as amended, on Support, not the provisions in
Title IX on Parental Authority.
 Under the law, the obligation to provide legal
support passes on to ascendants not only upon
default of the parents but also for the latter’s
inability to provide sufficient support.
 PROPERTIES ANSWERABLE FOR SUPPORT
1. Absolute community or conjugal partnership: For
support of the following:
a. Spouses;
b. Common children of spouses; and
c. Legitimate children of either spouse.
Reminder: If the community property or the conjugal
partnership is insufficient to cover the foregoing, the
spouses shall be solidarily liable for the unpaid balance
with their separate properties.
2. Separate property for person obliged to give support:
For the support of the following:
a. Illegitimate children;
b. Legitimate ascendants;
c. Descendants, whether legitimate or illegitimate;
d. Brothers and sisters, whether legitimately or
illegitimately related.
 Reminder:
 Absolute community or the conjugal partnership
may advance such support subject to the
following conditions:
1. if obligor has no separate property or the same
is insufficient;
2. the absolute community or conjugal partnership
is financially capable; and
3. subject to reimbursement upon liquidation of
the absolute community or conjugal
partnership.
 However, the support of illegitimate children can
only be enforced against the assets of the
conjugal partnership if the other responsibilities of
the conjugal partnership mentioned in Article 121
of the FC have already been covered.
 ORDER OF LIABILITY FOR SUPPORT (when 2 or
more persons are obliged to give support):
1. the spouses;
2. the descendants in the nearest degree;
3. the ascendants in the nearest degree; and
4. the brothers and sisters.
Reminder:
 The order mentioned above should be followed.
Hence, it is the husband who is liable to the medical
assistance rendered to the wife and not the latter’s
parents.
 Grandchildren cannot likewise demand support
directly from their grandparents if they have parents
2
 (ascendants of nearest degree) who are capable of
supporting them.
 This is so because we have to follow the order of
support under Article 199.
 But the obligation to provide support passes on to
the grandparents not only upon default of the
parents but also for the latter’s inability to provide
sufficient support.
 When the obligations 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.
 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
Article 199 shall be followed, unless the concurrent
obliges should be the spouse and a child subject to
parental authority, in which case the child shall be
preferred.
PAYMENT OF SUPPORT
 AMOUNT OF SUPPORT
 Rule:
 Shall be in proportion to:
1. the resources or means of the giver; and
2. the necessities of the recipient.
 Consequences:
 Any judgment granting support never becomes
final and is always subject to modification,
depending upon the needs of the child and
capabilities of the parents to give support.
 DEMANDABILITY, TIME AND MANNER OF
PAYMENT:
 When demandable:
 From the time the person who has a right to
receive support needs it for maintenance, but it
shall not be paid except from the date of judicial or
extra-judicial demand.
 When must payment be made:
 Within first five days of each corresponding month.
 Manner of payment:
 Giver has the option of giving support in two ways:
1. By paying the allowance fixed; or
2. By receiving and maintaining in the family
dwelling the person who has a right to receive
support.
 Qualification:
 The second option may not be availed of in case
there is a moral or legal obstacle thereto.
 Hence, when the wife is entitled to separate
maintenance or is justified to live separately from
3
 the husband, the second option is not available, as
in the following situations:
1. Where the place chosen by the husband for the
family residence is dangerous to her life, or she is
subjected to maltreatment or insults which make
common life impossible;
2. Where the husband spends his time in gambling,
giving no money to his family for food and their
necessities, and at the same time insulting his
wife and laying hands on her;
3. Where the husband has continually carried on
illicit relations with other women and treated his
wife roughly;
4. Where the wife was virtually driven from their
home by the husband and threatened with injury;
and
5. When the wife and the minor children left the
house of the in-laws where they were then living
when she caught her husband in a ‘very
compromising situation” with the in-house midwife
of the mother-in-law.
6. Where the relations between the parties were
already strained brought about by the filing of the
suit for declaration of legitimacy and support and
the denial by the grandfather of familial
relationship with the grandchildren, which
amounted to legal and moral obstacle for the
availment of the second option according to the
Court.
Reminder:
 In cases covered by RA No. 9262, otherwise known
as “Anti-Violence Against Women and Their Children
Act of 2004,”
 the spouse Who is a victim of violence has an
immediate relief and faster remedy in the form of a
Temporary Protection Order (TPO), by virtue of
which, the court can direct the respondent husband
to provide support to the Wife and/or her child if
entitled to legal support, and the court may likewise
order that an appropriate percentage of the income
or salary of the respondent be withheld regularly by
the respondent’s employer for the same to be
automatically remitted directly to the woman.
 Failure to remit and/or withhold or any delay in the
remittance of support to the woman and/ or her
child without justifiable cause shall render the
respondent or his employer liable for indirect
contempt of court.
 PAYMENT BY THIRD PERSON:
 If payment is made by a stranger or third person,
the latter is entitled to full reimbursement, even if
the payment was made without the knowledge of
the person obliged to give support, unless the
stranger had no intention of being reimbursed.
 If the person obliged to give support unjustly
refuses or fails to give support when urgently
needed, any third person may furnish the same to
the needy individual, with a right of reimbursement.
4
 be the subject of
CHARACTERISTIC OF SUPPORT compromise. Note: If the
 LEGAL AND CONTRACTUAL SUPPORT: claim for support
4. Cannot be due is by
LEGAL CONTRACTUAL compensated gratuitous title,
SUPPORT SUPPORT with what the compensation
As to Basis: Basis is law Basis is the will recipient owed may not even be
of obligor (as the obligor; set up.
those given in
wills) or the 5. it is personal
agreement of based on family
parties (as those family ties which
expressed in bind the obligor
contracts). and the oblige;

Characteristics: 1. Cannot be 1. The excess in 6. ) It is

levied upon on amount beyond reciprocal and
attachment or that required for variable in
execution; legal support is amount.
subject to levy
on attachment or
execution

2. Right to 2. Can be
receive cannot renounced or Title IX Parental Authority
be renounced waived and can Chapter 1: General Provisions
nor can it be be transmitted to Chapter 2: Substitute and Special Parental Authority
transmitted to a a third person Arts. 209 219, FC
third person.
3. Can be the
3. Right to subject matter of PARENTAL AUTHORITY, IN GENERAL
receive future compromise  Concept:
support cannot agreement

5
  Refers to mass of rights and obligations which
parents have in relation to the person and
property of their children until the latter reaches
the age of majority, and even thereafter under
certain circumstances.
 But the obligational aspect is now supreme.
 In other words, the rights of the parents are but
ancillary to the proper discharge of parental duties
to their children under parental authority.
 Over Whom Parental Authority is Exercised:
 General rule: Parental authority is exercised over
unemancipated or minor children.
 Exceptions: The effects of parental authority still
exist, even after minority, in the following instances:
1. In marriage of a party who is at least 18 years of
age but below 21, where parental consent is still
necessary;1338
2. In marriage settlement of a party below 21 but at
least 18 years of age, the person Whose consent
to the marriage is required under Article 14 of the
FC is also required to be a party to the marriage
settlement, otherwise, the settlement is not valid;
3. The parents shall continue to be vicariously liable
for quasi-delict committed by their children at least
18 years of age but below 21, provided that the
latter are living in their company.
 Renunciation and Transfer of Parental Authority
 General rule: Parental authority and responsibility
may not be renounced or transferred except in the
cases authorized by law.
 Exceptions: When renunciation or transfer of
parental authority is valid
1. In cases of adoption;
2. Guardianship
3. In case of voluntary and involuntary
commitment of a child to the DSWD or any duly
licensed child placement agency or individual;
4. In case there is a need to impose
disciplinary measures upon the child pursuant to
Articles 223 and 224 Of the FC.
5. When a child (foster child) is placed under
foster care of foster parents pursuant to the
provisions of RA. No. 10165, the latter shall have
the rights, duties and liabilities of persons
exercising substitute parental authority, as may be
provided under the Family Code over the children
under their foster care.
 Foster care is defined as the provision of planned
temporary substitute parental care to a child by a
foster parent.
 Consquences:
 When a parent entrusts the custody of a minor to
another, such as a friend or godfather, even in a
document, what is given to the latter is merely
6
 temporary custody and it does not constitute a
renunciation of parental authority.
KINDS OF PARENTAL AUTHORITY AND RULES
OF PREFERENCE
 Parental Preference Rule:
 Parents are placed first in rank in matters of parental
authority.
 Under the parental preference rule, in case of
death, absence or unsuitability of either parent, the
parent present and suitable shall continue to
exercise parental authority.
 The remarriage of the surviving parent shall not
affect parental authority over the children, unless
the court appoints another person to be the
guardian of the person or property of the children.
 Rule of Joint exercise of parental authority:
 The father and 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.
 Rule if child is illegitimate
 Illegitimate children, however, are under the parental
authority only of the mother.
 This rule applies even if the father admits paternity.
 The fact that the father of an illegitimate child
admits paternity is not a ground to give him custody
but a ground only:
1. to order him to give support to the child; and
2. to authorize the child to use the father’s surname,
if the acknowledgment of paternity is in writing or
made in the birth certificate.
 But the illegitimate father is entitled to visitation
rights.
 Rules in cases of separation of parents:
 In cases of separation between the spouses,
parental authority shall be “exercised” by the parent
designated by the court.
 Rules on Parental Authority and Custody in Cases
of Separation (If Child is Legitimate)
 Paramount consideration is welfare of child
 In all controversies regarding the custody of
minors, the sole and foremost criterion is the
physical, education, social and moral welfare of the
child concerned, taking into account the respective
resources and social and moral situations of the
contending parents.
 Tender Age Presumption:
 However, if the child is under the age of seven, the
law presumes that the mother is the best
custodian.
 Hence, the law provides that “no child under seven
years of age shall be separated from the mother
7
 unless the court finds compelling reasons to order
otherwise
 This is the so-called “tender-age presumption.
 In the case of Dacasin v. Dacasin
- the Court held that this statutory awarding of
sole parental custody to the mother under the
second paragraph of Article 213 of the Family
Code is mandatory and any agreement to the
contrary is void.
- In this case, the Court declared void a
compromise agreement providing for joint
custody of a child below seven years of age.
Reminder:
 The Court in Dacasin recognized, however, the
validity of an agreement providing for joint custody if
the children are already over seven years of age
considering the fact that the imposed custodial
regime under the second paragraph of Article 213 is
limited in duration, lasting only until the child’s
seventh year. From the eighth year until the child’s
emancipation, the law gives the separated parents
freedom, subject to the usual contractual limitations,
to agree on custody regimes they see fit to adopt.
 Compelling Reasons:
 For compelling reasons, the mother may be
deprived of custody of a child below seven years of
age.
 In the past, the following reasons have been
considered ample justification to deprive a mother
of custody and parental authority:
1. neglect, abandonment;
2. unemployment and immorality;
3. habitual drunkenness; and
4. drug addiction, maltreatment of the child,
insanity and being sick With a communicable
disease.
 However, the mere fact that the mother is a lesbian
is not a compelling reason to deprive her of
custody without showing that she carried on her
purported relationship with a person of the same
sex in the presence of the child or under
circumstances not conducive to the child’s proper
moral development.
 Not even the fact that a mother is a prostitute or
has been unfaithful to her husband would render
her unfit to have custody of her minor child.
 To deprive the wife of custody, the husband must
clearly establish that her moral lapses have had an
adverse effect on the welfare of the child or have
distracted the offending spouse from exercising
proper parental care.
 Application of foregoing rules:
 The foregoing rules apply in cases of:
1. Legal separation;
2. separation de facto;
8
 3. annulment of voidable marriages, since the
children of marriages are considered legitimate,
and
4. declaration of nullity of void marriages on grounds
of psychological incapacity and failure to comply
with the requirements of Article 52, since children
of these void marriages are also considered
legitimate.
 But the rules do not apply to custody of children of
marriages declared void for reasons other than
psychological incapacity and failure to comply with
the requirements of Article 52, because these
children are considered illegitimate and shall be
under the parental authority only of the mother.
 VISITATION RIGHTS
 Concept:
 It is the right of access of a noncustodial parent to
his or her child or children.
 Who are entitled to visitation rights:
 The following -
1. the non-custodial parent, in case of legal
separation;
2. the non-custodial parent, in case of separation de
facto;
3. the non-custodial parent, in case of annulment of a
voidable marriage;
4. the non-custodial parent, in case of declaration of
nullity of a void marriage by reason of psychological
incapacity and failure to comply with the
requirements of Article 52; and
5. Illegitimate father over his illegitimate child.
 Minimum Requirement:
 To be entitled to the constitutionally protected
inherent and natural right of a parent to have
access to his/her child (called “visitation right”),
there must be parent-child relationship between
them.
 Concepcion v. CA, the child was conceived and
born in a bigamous second ‘marriage which was
contracted during the pendency of a valid
previous marriage.
- At the time of the child’s birth, the prior marriage
remained subsisting.
- Hence, the child was declared to be a legitimate
child of the first marriages by applying the
presumption of legitimacy under Article 164 of
the FC.
- Hence, the second husband was denied
visitation right because of the absence of parent-
child relationship between him and the child, the
child being presumed to be the legitimate child
of the first husband.
 SUBSTITUTE PARENTAL AUTHORITY
 Concept:
 It is the parental authority which the persons
designated by law may exercise over the persons
and property of unemancipated children in case of
9
 death, absence or unsuitability of both parents or
in default of a judicially appointed guardian.
 Such being the case, it is not possible for
substitute parental authority to co-exist with the
parents’ parental authority.
 Who may exercise substitute parental authority
 The following, in the order indicated -
1. The surviving grandparent and. in case several
survive, the one designated by the court, taking
into account all relevant considerations, especially
the choice of the child over seven years of age;
2. The oldest brother or sister, over 21 years of age,
unless unfit or disqualified
3. The child’s actual custodian, over 21 years of age,
unless unfit or disqualified.
4. 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.
 Under the Foster Care Act of 2012 (RA. No.
10165), the designated foster parents shall have the
rights, duties and liabilities of persons exercising
substitute parental authority, as may be provided
under the Family Code over the children under their
foster care.
 However, they only have the rights of a person
with special parental authority to discipline the
foster children as defined under Family Code,
insofar as it prohibits the infliction of corporal
punishment upon the child.
 The infliction of corporal punishment by the Foster
Parents shall be ground for revocation of the
Foster Family Care License and termination of
Foster Placement Authority.
 SPECIAL PARENTAL AUTHORITY
 Concept
 It is the parental authority granted by law to
certain persons, entities or institutions m view of
their special relation to children under their
“supervision, instruction or custody.”
 The parental authority which the law grants to
these persons is denominated as “special”
because the same is limited and is present only
when the child is under their “supervision,
instruction or custody.”
 Special parental authority, unlike substitute
parental authority, co-exists with the parents’
parental authority.
 Scope of special parental authority and
responsibility
 This special parental authority and responsibility
applies to all authorized activities, whether inside
or outside the premises of the school, entity or
institution.
 Thus, such authority and responsibility applies to
field trips, excursions and other affairs of the
10
 pupils and students outside the school premises the proper diligence required under the particular
whenever authorized by the school or its circumstances.”
teachers.
Title IX -Parental Authority
 Who may exercise special parental authority:
Chapter 3: Effect of Parental Authority Upon the
 The following
Persons of the Children
1. The school;
Chapter 4: Effect of Parental Authority
2. School administrators;
Upon the Property of the Children
3. School teachers; or
Arts. 220 227, FC
4. Individual, entity or institution engaged in
Effect of Parental Authority upon the Persons of
child care.
the Children
 Primary liability of persons exercising special
 Right to Child’s Custody:
parental authority:
 Rule: If an unemancipated minor causes damage Reminders:
to another while he/she is under the special
 This is a natural right incident to parenthood which
parental authority of the school, its administrators
right is also enshrined in law under Article 220 of the
and teachers, or the individual, entity or institution
FC.
engaged in child care, the liability shall be borne
 This right is, however, but ancillary to the proper
by the following:
discharge of parental duties.
1. The persons given special parental
 Hence, parents are never deprived of the custody
authority shall be “principally and solidary
and care of their children except for cause for the
liable” for such damages.
law presumes that the child’s welfare will be best
2. The parents, judicial guardians or
served in the care and control of his parents.
persons exercising substitute parental
 Thus, in a number of cases, the SC held that
authority over said minor shall be
parental authority cannot be entrusted to a person
subsidiarily liable.
simply because he could give the child a larger
measure of material comfort than his natural
 Defense Available:
parent.
- Whether principally or subsidiarily liable, they
are not liable “if it is proved that they exercised

11
  However, in consideration of the child’s welfare and
well-being (and not merely material comfort), the
custody of a minor may be given to a nonrelative as
against the mother.
 Duty to Provide Support
Reminders:
 Parental authority, however, is not the basis of this
obligation but the family ties or relationships
recognized by law in Articles 195 and 196 of the FC.
 The obligation of the parents to provide support is
not co-terminus with the exercise of parental
authority.
 Duty of Representation
Reminder:
 Parents are duty-bound to represent their
unemancipated children in all matters affecting their
interests.
 This duty extends to representation in court
litigations.
 However, when the best interests of the child so
requires, the court may appoint a guardian ad
litem to represent the minor.
 Duty to Give or Withhold Consent:
Reminders:
 This duty may extend even beyond the age of
majority. Hence, parental consent is necessary if a
party to the marriage is between the ages of 18 and
21, in which case, the parent concerned is also
required to be a party to the marriage settlement, if
one is to be executed.
 Imbong v. Ochoa, Jr.
 the Court declared unconstitutional Section 7 of
RA. No. 10354, otherwise known as the
Responsible Parenthood and Reproductive Health
Act of 2012 (RH Law) and the corresponding
provision in the RH-IRR insofar as they, among
others, allow minor-parents or minors who have
suffered a miscarriage access to modern methods
of family planning without written consent from
their parents or guardian/s.
 The Court reasoned that it is an affront to the
constitutional mandate to protect and strengthen
the family as an inviolable social institution, as the
State cannot replace the child’s natural mother
and father when it comes to providing the child’s
needs and comfort.
 Thus, to say that their consent is no longer
relevant is anti-family.
 Section 23(a)(2)(ii) of the RH Law was likewise
declared unconstitutional because it effectively limits
the requirement of parental consent to only in
elective surgical procedures,” and denies the
12
 parents their right of parental authority in cases exercising
where what is involved are “non-surgical procedures. substitute
 According to the Court, the parents should not be parental
deprived of their constitutional right of parental authority
authority for to deny them of this right would be an
affront to the constitutional mandate to protect Nature of
liability:
and strengthen the family.
Primary
Art 219, Source: Requisites:
FC: Quasi-delict 1. Quasi-delict is committed
 LIABILITY OF PARENTS FOR CHILD’S QUASI- committed by by a minor;
DELICT AND DELICT a minor while 2. During an authorized
he/she is activity, whether inside or
BASIS SOURCE REQUISITES/CONDITIONS under special outside of the school, entity
AND parental or institution;
NATURE OF authority of 3. The persons liable failed
LIABILITY school, etc. to exercise the proper
Art 221, Source: Requisites for Liability: diligence required under the
FC: Quasi-delict 1. Minor is living in their Persons particular circumstances
committed by company; Liable:
minors in 2. Minor is under their 1) Principally
general. parental authority; and and
3. Parents and other solidarily:
Persons persons exercising parental school, its
Liable: authority failed to exercise administrators
Parents and all the diligence of a good and teachers,
other persons father of a family to prevent or individual,
exercising damage. entity or
parental institution
authority, engaged in
including child care.
judicial
guardians and 2)
persons

13
 Subsidiarily: Liability:
parents, Primary
judicial Sec. 6, Source: Civil Requisites for Liability:
guardians or RA liability for 1. Child is 15 or below;
persons 9344, in crime 2. The child is under their
exercising relation committed by legal authority or control;
substitute to Art. a child 15 and
parental 101, years of age 3. There was fault or
authority. RPC and below, negligence on their part.
who is exempt
Art 218, Source: Requisites for Vicarious from criminal
NCC, in Quasi-delict Liability: liability.
relation committed by 1. Committed by a person
to Art. a person who who is at least 18 but below Persons
236, FC is at least 18 21; Liable:
bit below 21. 2. Child is living in their Those having
company such child
Persons under their
Liable: legal authority
1. Perpetartor, or control,
for his own unless it
personal appears that
liability; and there was no
/or fault or
negligence on
2.Parents and their part.
guardians,
under the Nature of
concept of Liability:
vicarious Primary
liability. Sec 6, Source: Civil Requisites for liability:
RA liability for 1. The child is above 15 but
Nature of 9344, in crime below 18;

14
relation committed by acted with
to Art. child above 2. The child acted without discernment,
101, 15 but below discernment in committing who is NOT
RPC. 18 and who the crime; exempt from
acted without criminal
discernment, 3. The child is under the liability.
who is parental authority and living
likewise in the company of parents Persons
exempt from and/or guardians. Liable:
criminal parents and
liability. guardians
(applying by
Persons analogy:
Liable: Solen v.
parents and Balcen.
guardians
(applying by Nature of
analogy: Liability:
Solen v. Primary
Balcen.
___________________
Nature of Requisites for liability:  Right to Discipline the Child
Liability: 1. The child is above 15 but Reminder:
Primary below 18;
 FC authorizes those exercising parental authority “to
___________ 2. The child acted with impose discipline on (minor children) as may be
Source: Civil discernment in committing required under the circumstances, but the law must
liability for the crime; not be interpreted to authorize punishments beyond
crime moderate ones for the following reasons:
committed by 3. The child is under the 1. Parental authority may be suspended, upon
child above parental authority and living
proper petition to the court, if the parent or person
15 but below in the company of parents
18 and who and/or guardians. exercising parental authority “treats the child with
excessive harshness or cruelty

15
2. In addition, the parent concerned may also be
held criminally liable for violation of RA. No. 7160,
otherwise known as the “Special Protection of
Children against Abuse, Exploitation and
Discrimination Act,” if he or she employs
excessive harshness or cruelty upon the child.
3. Those exercising parental authority may also
petition the court for the imposition of appropriate
disciplinary measures upon the child, which
measure may include the commitment of the child
in entities or institutions engaged in child care or
in children’s homes duly accredited by the proper
government agency. Such commitment must not
exceed 30 days.
4. In the case of those exercising special parental
authority, the law prohibits them from inflicting
corporal punishment upon the child.
 Under the Foster Care Act of 2012 (RA. No.
10165), the designated foster parents shall have
the rights, duties and liabilities of persons
exercising substitute parental authority, as may be
provided under the Family Code over the children
under their foster care.
 However, they only have the rights of a person
with special parental authority to discipline the
foster children as defined under Family Code,
insofar as it prohibits the infliction of corporal
punishment upon the child.
 The infliction of corporal punishment by the Foster
Parents shall be ground for revocation of the
Foster Family Care License and termination of
Foster Placement Authority.
EFFECT OF PARENTAL AUTHORITY UPON THE
PROPERTY OF THE CHILDEREN
 Legal guardian over the property of minor
children:
Reminders:
 The father and mother jointly exercise legal
guardianship over the property of their minor
children without the necessity of a court
appointment.
 However, the court may appoint a guardian of the
child’s property when the interests of the child so
requires.
 When bond is required:
 The law requires the parent concerned to post a
bond if “the market value of the property or the
annual income of the child exceeds P50,000.00,
which bond shall not be less than 10% of the
value of the property or annual income.
 Use of Child’s Property:
Reminders:
 The property of minor children shall be devoted
exclusively to their support and education, unless
the title or transfer provides otherwise.
16
  The parents have the right to use only the “fruits and without court authorization because lease has been
income” of said property for the following purposes: considered as an act of administration.
1. primarily, to the child’s support; and  However, if the lease will be recorded in the
2. secondarily, to the collective daily needs of the Registry of Property, the same should be made
family. only after obtaining court authorization.
 The same rule applies if the lease is for a period
of more than one year because this is already
 Rule on Disposition and Encumbrance of Child’s
deemed as an act of dominion.
Property:
 The parents, as legal guardians of the property of
Title IX Parental Authority
their minor children, do not have the power to
Chapter 5: Suspension or Termination of Parental
dispose or encumber the property of the latter, such
Authority
power is granted by law only to a judicial guardian of
Arts. 228 233, FC
the ward’s property and even then only with the
Suspension or Termination of Parental Authority
court’s prior approval secured in accordance with the
proceedings set forth under the Rules of Court.
Grounds for Termination of Parental Authority
 Rule 95 of the Rules of Court requires court
1. Death of the parents;
authorization for the sale or encumbrance of
2. Death of the child;
properties belonging to the ward. Hence, a guardian
3. Emancipation of the child;
has no authority to sell real estate of his ward,
4. Adoption of the child;
merely by reason of his general powers, and in the
5. Appointment of a general guardian;
absence of any special authority to sell conferred by
6. Judicial declaration of abandonment of the child in
will, statue, or order of court a sale of the wards
a case filed for the purpose;
realty by the guardian without the authority of the
7. Final judgment divesting the party concerned of
court is void.
parental authority;
8. Judicial declaration of absence or incapacity of
 Rule on Lease of Property Belonging to Minor
person exercising parental authority.
Children
 As a rule, the parents, as legal guardian of the Reminder:
minor’s property, may validly lease the same even  For grounds (i) to (iii), the termination of parental
authority is permanent.

17
 For grounds (iv) to (viii), parental authority may be ROC
revived through a court judgment. Applicabiltiy: Applicability:
Applies only in criminal Applies both in civil and
Grounds for Suspension of Parental Authority proceedings. criminal cases.
1. Conviction of crime which carries with it the penalty
of civil interdiction; Who May Invoke: Who May Invoke:
2. Treating the child with excessive harshness or May be invoked only by Can be invoked either by
descendants. descendants or
cruelty;
ascendants.
3. Giving the child corrupting orders, counsel or
example; Scope of Privilege: Scope of Privilege:
4. Compelling the child to beg; Rule: A descendant Rule: A person MAY NOT
5. Subjecting the child or allowing him to be subjected CANNOT be compelled to be compelled to testify
to acts of lasciviousness but subjecting the child or testify in criminal cases against his parents, other
allowing the child to be subjected to sexual abuse is against his parents and direct ascendants,
a ground for permanent deprivation of parental grandparents. children or other direct
authority. Exception: When the descendants.
testimony is indispensable
 In ground (i), the suspension of parental authority is in a crime against the
automatic and reinstatement is likewise automatic descendant or by one
upon service of the sentence. parent against the other.
 In grounds (ii) to (v), suspension of parental authority
The privilege is not The privilege does not
is pursuant to a court decree in an action filed for the
absolute since the admit of exceptions.
purpose or in a related case and parental authority descendant can be
may be reinstated upon order of the court when it compelled to testify
finds that the cause thereof has ceased and will not against the parents and
be repeated. grandparents when the
testimony is indispensable
in a crime against the
descendant or by one
PARENTAL AND FILIAL PRIVELEGE parent against the other.
Article 215, FC Section 25, Rule 130,

18
 In both, however, the person concerned can waive the
privilege by choosing to testify against his relatives. He
cannot be compelled to testify, but he may choose to
testify.
Title X - Emancipation and Age of Majority
(Arts. 234 - 237, FC)
Emancipation
Concept: It is the means by which a child is freed from
parental authority and custody of, and from the obligation
to render services to, the parent or persons exercising
parental authority.
How Emancipation Takes Place:
 By attainment of the age of majority.
 Under present laws, majority commences at the age
of 18 years.1438
Effects of Emancipation:
1. Termination of parental authority over the person and
property of the child; and
2. The child then becomes qualified and responsible for
all acts of civil life.
Exceptions:
1. In contracting marriage, parental consent is still
necessary if a party is at least 18 but below
21.Without parental consent, marriage is voidable.
2. If such party will enter into a marriage settlement, the
person who is required to give his consent to the
marriage is also required to be a party to the
marriage settlement; otherwise, the marriage
settlement is not valid.
3. In contracting marriage, parental advice is still
necessary if a party is at least 21 but below 25.
4. The parents or guardians are still liable for the quasi-
delict committed by a person who is at least 18 but
below 21, if the latter is living in the company of the
former.
[Title XI — Summary Judicial Proceedings in the
Family Law]
(Arts. 238 - 253, FC)
[Title XII - Final Provisions]
(Arts. 254 - 257, FC)
Matters Covered by Summary Proceedings Under the
Family Code
1. For the purpose of contracting the subsequent
marriage under Article 41 of the FC, the spouse
19
 present must institute a summary proceeding for the
declaration of presumptive death of the absentee.
2. Under the FC,1446 in case of disagreement on the
matter affixing the family domicile, the matter shall
be decided by the courts in a summary proceeding
provided for under the Family Code.1447
3. Under the FC,1448 the court may exempt one
spouse from living with the other if the latter should
live abroad or there are valid and compelling reasons
for the exemption. For the purpose of obtaining
such exemption, the spouse concerned must
institute a summary proceeding under Title XI of the
Family Code.
4. Under the FC,1450 either spouse may exercise any
legitimate profession, occupation, business or activity
without the consent of the other and, the latter may
object only on valid, serious and moral grounds. In
case of disagreement or if one spouse objects to
the other's profession, occupation, business or
activity, the propriety of such objection shall be
decided by the court in a summary proceeding
under Title XI of the FC.1451
5. Under the FC,1462 the administration and enjoyment
of the community property or of the conjugal
partnership property shall belong to both spouses
jointly and, in case of disagreement, the husband's
decision shall prevail. The remedy of the wife,
however, is to bring the matter to the attention of the
courts in a summary proceeding under Title XI of the
Family Code within five years from the date of the
contract implementing the husband's decision.
6. When one spouse is absent and unable to participate
in the administration of the common or conjugal
properties, court authorization for the alienation or
encumbrance of such properties may be obtained by
the spouse present in a summary proceeding under
Title XI of the Family Code. However, the situation
contemplated in Article 124 of the FC, which
authorizes a summary proceeding under the FC, is
one where the spouse is absent, or separated in fact
or has abandoned the other or consent is withheld or
cannot be obtained.
A summary proceeding under the FC does not
apply to cases where the non-consenting spouse
is incapacitated or incompetent to give consent. In
the latter case, the proper remedy is judicial
guardianship proceedings under Rule 93 of the
Rules of Court.
7. 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, such
judicial authorization may be obtained in a summary
proceeding under Title XI of the FC.
8. In case of separation in fact or abandonment, the
deserted spouse may 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.14^ Such
20
 judicial authorization may be obtained in a summary
proceeding under Title XI of the FC.
9. In case of foundlings, abandoned neglected or abused
children and other children similarly situated, parental
authority shall be entrusted in summary judicial
proceedings under Title XI of the FC to heads of
children's homes, orphanages and similar institutions
duly accredited by the proper government agency.
10. 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. Such petition
is likewise governed by the summary judicial
proceedings under Title XI of the FC.
11. Under the Code, the father and the mother shall jointly
exercise legal guardianship over the property of their
minor child without the necessity of a court
appointment.
However, when 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.
For this purpose, 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. Such petition is likewise governed by the
summary judicial proceedings under Title XI of the
FC.
Reminders:
 An order of the trial court granting the petition for
judicial declaration of presumptive death pursuant to
Article 41 of the FC is immediately final and
executory.
 Hence, the right to appeal is not granted to any of
the parties therein.
 It is therefore erroneous for the OSG to file a notice
of appeal, and for the RTC to give due course
thereto.
 However, the aggrieved party may file a petition for
certiorari to question abuse of discretion amounting
to lack of jurisdiction.
 The rules on summary judicial proceedings under
the FC govern the proceedings under Article 124 of
the FC.
 But the situation contemplated therein is one where
the spouse is absent, or separated in fact or has
abandoned the other or consent is withheld or
cannot be obtained.
 Such rules do not apply to cases where the non-
consenting spouse is incapacitated or
incompetent to give consent. In the latter cases,
the proper remedy is a judicial guardianship
proceedings under Rule 93 of the 1964 Revised
Rules of Court.
[Title X-FUNERALS]
21
 (Arts. 305 - 310, NCC)
Funerals
Who has Duty and Right to Make Funeral
Arrangements of Relatives:
(a) Rule: Shall be in accordance with the order
established for support,
i. The spouse;
ii. The descendants in the nearest degree;
iii. The ascendants in the nearest degree;
iv. The brothers and sisters.
(b) In case of concurrence:
i. Among descendants of the same degree, the
oldest shall be preferred;
ii. Among brothers and sisters, the oldest shall be
preferred;
iii. Among ascendants, the paternal side shall be
preferred.
Reminder:
 The law simply confines the right and duty to make
funeral arrangements to the members of the family.
 Thus the common-law wife does not have the right
to make funeral arrangements over the objection of
the legal wife or the deceased's brothers and sisters
How shall Funeral be Made: In accordance with the
following
1. Wishes of the deceased;
2. In the absence of such expression, determined
by the deceased's religious beliefs or affiliation;
3. In case of doubt, the form of funeral is to be
decided upon by the person obliged to make
arrangements for the same, after consulting the
other members of the family.
 The wishes of the decedent with respect to his
funeral are not, however, absolute, as said
wishes are limited by Article 305 of the Civil Code
in relation to Article 199 of the Family Code, and
subject the same to those charged with the right
and duty to make the proper arrangements to bury
the remains of their loved-one.
 Thus, if the husband was cohabiting with another
woman at the time of his death and expressly
wished that he be buried in the family mausoleum
of the paramour against the wishes of his legitimate
family, said wish cannot prevail over the right and
duty of the loved ones under Article 305 of the
Civil Code to make the proper arrangements.1471
Liability for Funeral Expenses:
 Funeral expenses, including the construction of a
tombstone or mausoleum, shall be chargeable
against the property of the deceased.
 If the deceased is one of the spouses, such
expenses are chargeable to the conjugal
partnership of gains or the absolute community.
22
Liability for damages:
Any person who:
(i) shows disrespect to the dead; or
(ii) wrongfully interferes with a funeral, shall be liable
to the family of the deceased for damages,
material and moral.
Disposition of Human Remains:
Rule:
There can be no retention, interment, disposition of or
exhumation of human remains without the consent of
those who have the right and duty to make funeral
arrangements for the decease, as mentioned in Article
305 of the Civil Code, in relation to Article 199 of the FC.
Organ donation:
Under the Organ Donation Act of 1991, or R.A. No.
7170, as amended by R.A. No. 7885, any of the
following persons, in the order stated hereunder, in the
absence of actual notice of contrary intentions by the
decedent or actual notice of opposition by a member of
the immediate family of the decedent, may donate all or
any part of the decedent's body for education,
research, advancement of medical or dental science,
therapy or transplantation, after or immediately before
death:
(1) spouse;
(2) son or daughter of legal age;
(3) either parent;
(4) brother or sister of legal age; or
(5) guardian over the person of the decedent at the
time of his death.
 Any individual, at least 18 years of age and of sound
mind, may also give by way of legacy, to take effect
after his death, all or part of his body for the
foregoing purposes.
[Title XIII — Use of Surnames]
(Arts. 364 - 380, NCC, as amended)
Use of Surnames
Name of Individual:
 A man's name is the designation by which he is
known and called in the community in which he
lives and is best known.
 It is defined as the word or combination of words by
which a person is distinguished from other
individuals and, also, as the label or appellation
which he bears for the convenience of the world at
large addressing him, or in speaking of or dealing
with him.
 It is both of personal as well as public interest that
every person must have a name.
Characteristics of a Name:
(1) It is absolute, intended to protect the individual
from being confused with others.
23
 (2) It is obligatory in certain respects, for nobody can between ascendants and descendants, in which
be without a name. case, the middle name or the mother's surname
(3) It is fixed, unchangeable, or immutable, at least at shall be added.
the start, and may be changed only for good cause  The foregoing does not, however, mean that middle
and by judicial proceedings. names have no practical or legal significance.
(4) It is outside the commerce of man, and, therefore,  Middle names serve to identify the maternal lineage
inalienable and intransmissible by act inter vivos or or filiation of a person as well as further distinguish
mortis causa. him from others who may have the same given
(5) It is imprescriptible. name and surname as he has.Thus, the members
of the Civil Code and Family Law Committees that
Surname is fixed by law: drafted the Family Code recognized the Filipino
The name of an individual has two parts: custom of adding the surname of the child's mother
(1) the given or proper name and as his middle name.
(2) the surname or family name.
In the Minutes of the Joint Meeting of the Civil Code and
Family Law Committees, the members approved the
Given or proper name surname suggestion that the initial or surname of the mother
which is given to the that which identifies the should immediately precede the surname of the father.
individual at birth or at family to which he belongs
baptism, to distinguish him and is continued from Reminder:
from other individuals parent to child.  In re: Petition for Change of Name and/ or
may be freely selected by to which the child is Correction of Entry in the Civil Registry of Julian
the parents for the child entitled is fixed by law
Lin Carulasan Wang, the Court did not allow a
legitimate child to drop the middle name from his
registered name.
Use of middle name:
 In that case, the court did not find the justification
 There is no law regulating the use of a middle
for the dropping of the middle name to be
name.
reasonable because the only reason advanced by
 The middle name or the mother’s surname is only
petitioner for dropping his middle name is
considered in Article 375(1) of the Civil Code in
convenience.
case there is identity of names and surnames

24
Legitimate Children:
(a) Rule: They shall have the right to bear the surnames
of the father and the mother, but shall principally use the
surname of the father.
(b) Reminders:
Alfon v. Republic
 the Court allowed a child, who had been registered
under the father's surname, to change the same
and use the surname of the mother instead to
avoid confusion since the child had been using the
mother's surname.
 The Court justified that the word "principally" as
used in the codal provision is not equivalent to
"exclusively" so that there is no legal obstacle if a
legitimate or legitimated child should choose to use
the surname of its mother to which it is equally
entitled.
Oshita u. Republic
 the Court also allowed a legitimate child, who had
been using the surname of the father, to change
the same and use the surname of the mother
instead.
 The Court considered the following in granting the
petition:
o she had elected Philippine citizenship upon
reaching the age of majority;
o her other siblings who had also elected Philippine
citizenship have been using their mother's
surname;
o she was embarrassed to bear a Japanese
surname there still being ill feeling against the
Japanese due to the last World War: and
o there was no showing that the change of name
was motivated by a fraudulent purpose or that it
will prejudice public interest.
But in Republic v. Court of Appeals
 the Court did not allow a legitimate child to drop the
father's surname and replace it with that of the
step-father's, as the child failed to present proper
and reasonable cause.
 On the contrary, said the Court, such change of
name may result into confusion with respect to the
child's paternity.
Surname of Adopted Children:
Rule:
 One of the effects of adoption is that the adopted is
deemed to be a legitimate child of the adopter for
all intents and purposes.
 Being a legitimate child by virtue of adoption, it
follows that the adopted child is entitled to all
the rights provided by law to a legitimate child
without discrimination of any kind, including
the right to bear the surname of the adopter.
 The law on use of surnames under the Civil Code
also provides that "an adopted child shall bear the
surname of the adopter."
25
Reminders:
 But the provision of law which entitles the adopted
minor to the use of the surname of the adopter
refers to the adopter's own surname and not to
her surname acquired by virtue of marriage.
Thus, in the following situations the child may not use
the adopter's surname acquired by virtue of
marriage:
(1) If the wife adopts her illegitimate child with the
consent of the husband. This is one of the
exceptions to the rule of joint adoption by spouses.
(2) If the spouses are legally separated and only the
wife files the adoption. This is also one of the
exceptions to the rule of joint adoption by spouses.
(3) If the adoption was made by the woman prior to
her marriage and thereafter she contracted a
marriage.
In Re Adoption of Stephanie Nathy Astorga Garcia
 the Court allowed an illegitimate child, upon
adoption by her natural father, to use the surname
of her natural mother as her middle name.
 The Court explained that the there is no law
prohibiting an illegitimate child adopted by her
natural father to use, as middle name her mother's
surname. On the contrary, the use of such middle
name will maintain her maternal lineage.
Republic u. CA and Wong
 the Court allowed an adopted child, after the death
of the adopting father, to drop the surname of the
adopter and use again the surname of the natural
father.
 The Court found the justification to be proper and
reasonable that use of the surname Wong
embarrassed and isolated him from his relatives
and friends, as the same suggests a Chinese
ancestry when in truth and in fact he is a Muslim
Filipino residing in a Muslim community.
 The Court reasoned that a change of name does
not, after all, define or effect a change in one's
existing family relations or in the rights and duties
flowing therefrom. Nor does it alter one's legal
capacity, civil status or citizenship; what is altered
is only the name. Besides, the adopting mother
consented to the petition for change of name.
Surname of Illegitimate Children:
Rule:
 They are required to use the surname of their
mother.
 But they acquire the right to use the surname of the
illegitimate father in the following situations:
(1) If his/her filiation has been expressly
recognized by the father through the record
of birth appearing in the civil register;
(2) When an admission of paternity is made by
the father in a public document or private
handwritten instrument
26

Reminders:
1) In Grande u. Antonio
 the Court clarified that Article 176 of the FC, as
amended by R.A. No. 9255, gives illegitimate
children the right to decide if they want to use the
surname of their father or not. It is not the father
or the mother who is granted by law the right to
dictate the surname of their illegitimate children.
 The use of the word "may" in the provision readily
shows that an acknowledged illegitimate child is
under no compulsion to use the surname of his
illegitimate father.
 Hence, a father cannot compel the use of his
surname by his illegitimate children upon his
recognition of their filiation.
> While Article 176 of the FC, as amended, does not
explicitly state that the private handwritten instrument
acknowledging the child's paternity must be signed by the
putative father, said provision must, however, be read in
conjunction with related provisions of the Family Code
which require that recognition by the father must bear his
signature, specifically Articles 172 and 175 of the FC.
That a father who acknowledges paternity of a child
through a written instrument must affix his signature
thereon is clearly implied in Article 176 of the FC.
3) If the admission of paternity is made in a private
handwritten instrument which was not signed by the
father, may the illegitimate child be allowed to make use
of the father's surname on the basis of such instrument?
Dela Cruz v. Gracia
 the Court allowed the child to use the father's
surname on the basis of such private handwritten
instrument considering that there are other
evidence to prove paternity and filiation.
 In the same case, the Court adopted the
following rules respecting the requirement of
affixing the signature of the acknowledging
parent in any private handwritten instrument
wherein an admission of filiation of a
legitimate or illegitimate child is made:
(1) Where the private handwritten instrument is
the lone piece of evidence submitted to
prove filiation, there should be strict
compliance with the requirement that the
same must be signed by the
acknowledging parent; and
(2) Where the private handwritten instrument is
accompanied by other relevant and
competent evidence, it suffices that the
claim of filiation therein be shown to have
been made and handwritten by the
acknowledging parent as it is merely
corroborative of such other evidence.
4) If the surname of an illegitimate child registered in the
civil registry and appearing in his birth certificate is that of
his illegitimate father, who failed to recognize him, can he
27
be allowed to change his surname with that of the
mother's?
Republic u. Capote
 Court allowed an illegitimate child who had been
using his father's surname although the latter did
not recognize him to use the mother's surname in
lieu of the father's.
 The Court explained that the child is entitled to
change his name as he was never recognized by
his father while his mother has always recognized
him as her child. Such change of name, according
to the Court, will erase the impression that he was
ever recognized by his father.
5) While a legitimate child was not allowed by the Court
to use the surname of the stepfather, an illegitimate child,
on the other hand, was allowed to use the surname of the
stepfather in Calderon v. Republic and Llaneta v.
Agrava
 The Court held that a petition for change of name
of an infant should be granted where to do so is
clearly for the best interest of the child.
 In Calderon, the Court took into consideration the
opportunity provided for the minor petitioner to
eliminate the stigma of illegitimacy which she
would carry if she continued to use the surname of
her illegitimate father.
Surname of Married Woman:
(a) Rule:
 A married woman may retain her maiden name
after marriage.
 The use of the word "may" in Article 370 of the
Civil Code indicates that the use of the husband's
surname by the wife is permissive rather than
obligatory.
 Clearly, a married woman has an option, but not a
duty, to use the surname of the husband in any of
the ways provided by Article 370 of the Civil Code.
 She is therefore allowed to use not only any of the
three names provided in Article 370, but also her
maiden name upon marriage.
 She is not prohibited from continuously using her
maiden name once she is married because when
a woman marries, she does not change her name
but only her civil status.1512
Three Options if Married Woman Wants to Use
Husband's Surname: 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.”
In Case of Legal Separation:
 The wife SHALL continue using her name and
surname employed before the legal separation
 Therefore, if the wife adopted her husband's
surname after the marriage, the use of the
28
 husband's surname becomes obligatory when
legal separation has been granted.
In Case of Annulment of Marriage:
(1) If the wife is the guilty party, she SHALL resume
her maiden name and surname.
(2) If she is the innocent spouse, she MAY resume
her maiden name and surname or continue using
the former husband's surname unless:
a. the court decrees otherwise; or
b. she or the former husband is married
again to another person.
In Case of Death of Husband:
 Upon death of the husband, the widow has an
option of:
(1) resuming her maiden name and surname, or
(2) continue employing the deceased's surname
as though he were still living, in any of the
three ways mentioned in Article 370 of the
Civil Code. The use of the husband's
surname after the latter's death is permissive
and not obligatory.
Reminders: Upon termination of the marriage, either by
reason of death of the husband, or divorce, or annulment
of the marriage, the woman is not required to seek
judicial confirmation of the change in her civil status
in order to revert to her maiden name as the use of
the former husband's surname is optional and not
obligatory for her.
In Case of Identity of Names and Surnames
(1) Between Ascendants and Descendants:
• The word "Junior" can only be used 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.
(2) Between Those Who are Not Ascendants and
Descendants:
The younger person is obliged to use such additional
name or surname as will avoid confusion.
Change of First Name and Surname
(1) What Name May be Changed:
 By Article 408 of the Civil Code, a person's birth
must be entered in the civil register.
 The official name of a person is that given him in
the civil register.
 That is his name in the eyes of the law. While it is
true that under Article 376 of the Civil Code, no
person can change his name or surname without
judicial authority, nonetheless, the only name that
may be changed is the true and official name
recorded in the Civil Register.
Change of First Name:
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a) Governing law:
R.A. No. 9048
An Act Authorizing The City Or Municipal Civil Registrar
Or The Consul General To Correct A Clerical Or
Typographical Error In An Entry And/Or Change Of First
Name Or Nickname In The Civil Register Without Need
Of A Judicial Order, Amending For This Purpose Articles
376 And 412 Of The Civil Code Of The Philippines
 now governs the change of first name.
 It vests the power and authority to entertain
petitions for change of first name to the city or
municipal civil registrar or consul general
concerned.
 Under the law, therefore, jurisdiction over
applications for change of first name is now
primarily lodged with the aforementioned
administrative officers.
 The intent and effect of the law is to exclude the
change of first name from the coverage of Rules
103 (Change of Name) and 108 (Cancellation or
Correction of Entries in the Civil Registry) of the
Rules of Court, until and unless an administrative
petition for change of name is first filed
andsubsequently denied.
 It likewise lays down the corresponding venue,
form and procedure.
 In sum, the remedy and the proceedings
regulating change of first name are primarily
administrative in nature, not judicial.
Grounds for change of first name:
Petitions for change of first name or nick name 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 first name
or nickname in the community; or
(3) The change will avoid confusion.
In Silverio v. Republic
 petitioner's basis in praying for the change of his
first name was his sex reassignment.
 He intended to make his first name compatible
with the sex he thought he transformed himself
into through surgery. The Court ruled, however,
that a change of name does not alter one's legal
capacity or civil status and that R.A. No. 9048
does not sanction a change of first name on
the ground of sex reassignment.
 Rather than avoiding confusion, changing
petitioner's first name for his declared purpose
may only create grave complications in the civil
registry and the public interest.
Change of Name Under Rule 103:
Scope of Rule 103:
30
  A change of first name is now governed by R.A.
No. 9048, as amended by R.A. No. 10171
 Hence, Rule 103 is now limited to changes of
name other than the first name which may include
therefore change of surname or, possibly, middle
name.
(b) Change of name — privilege only:
 The State has an interest in the names borne by
individuals and entities for purposes of
identification, and that a change of name is a
privilege and not a matter of right.
 Before a person can be authorized to change his
name, that is, his true or official name or that
which appears in his birth certificate or is entered
in the civil register, he must show proper and
reasonable cause or any convincing reason
which may justify such change.
Among the grounds for change of name which have
been held valid are:
(1) When the name is ridiculous, dishonorable or
extremely difficult to write or pronounce;
(2) When the change results as a legal consequence,
as in legitimation;
(3) When the change will avoid confusion;
(4) When one has continuously used and been known
since childhood by a Filipino name, and was
unaware of alien parentage;
(5) A sincere desire to adopt a Filipino name to erase
signs of former alienage, all in good faith and
without prejudicing anybody; and
(6) When the surname causes embarrassment and
there is no showing that the desired change of
name was for a fraudulent purpose or that the
change of name would prejudice public interest.
Effect of change of name:
 A change of name does not define or effect a
change in one's existing family relations or in the
rights and duties flowing therefrom.
 It does not alter one's legal capacity, civil status or
citizenship; what is altered is only the name.
Others Rules on Name and Surname
(1) Usurpation of Name:
 The usurpation of name under Article 377 of the
Civil Code implies some injury to the interests of
the owner of the name.
 It consists in the possibility of confusion of identity
between the owner and the usurper, and exists
when a person designates himself by another
name.
The elements are as follows:
(1) there is an actual use of another's name by the
defendant;
(2) the use is unauthorized; and
(3) the use of another's name is to designate
personality or identify a person.
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 the same is or are duly recorded in the proper local
(2) Rules on Pen Name and State of Names: civil registry.
 The employment of pen names or stage names is
permitted subject to two conditions:
(1) it is done in good faith; and
(2) there is no injury to third persons.

If these conditions are satisfied, then the law
protects the use of such pen names or stage
names since the law also prohibits its usurpation.
(3) Rules on Use of Alias:
 Any person desiring to use an alias shall apply for
authority therefor in proceedings like those legally
provided to obtain judicial authority for a change of
name, and no person shall be allowed to secure
such judicial authority for more than one alias.
 The petition for an alias shall set forth the person's
baptismal and family name and the name recorded
in the civil registry, if different, his immigrant's name,
if an alien, and his pseudonym, if he has such
names other than his original or real name,
specifying the reason or reasons for the use of the
desired alias.
 The judicial authority for the use of alias, the
Christian name, and the alien immigrant's name
shall be recorded in the proper local civil
registry, and no person shall use any name or
names other, than his original or real name unless
[Title XIV — Absence]
(Arts. 381 - 396, NCC)
Absence
Concept:
 It is the special legal status of one who is not in his
domicile, his whereabouts being unknown, and it is
uncertain whether he is dead or alive.
Three Stages of Absence:
(1) Provisional absence:
 When a person disappears from his domicile, his
whereabouts being unknown, without leaving an
agent to administer his property
Requisites:
(1) That the absentee should have disappeared from
his domicile;
(2) That his whereabouts are not known;
(3) That he did not leave any agent to administer his
property; and
(4) That the appointment of a representative in
connection with such property is urgent or
necessary.

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(2) Declared absence:
 When a person disappears from his domicile, and
2 years have elapsed without any news about him
or since the receipt of the last news, or
5 years have elapsed in case he left a person to
administer his property.
Requisites:
(1) That the absentee should have disappeared from
his domicile;
(2) That his whereabouts are not known;
(3) That he has been absent without any news for two
years, nobody was left to administer his property, or
for five years if somebody was left to administer
such property.
(3) Presumptive death:
 When after the period provided by law, a person is
presumed dead.
Reminders:
 There is no need for a judicial declaration of
absence if there are no properties.
 The need to have a person judicially declared an
absentee is
1. when he has properties which have to be taken
care of or administered by a representative
appointed by the Court (Art. 384, Civil Code);
2. the spouse of the absentee is asking for
separation of property (Art. 135[2], Family Code)
or
3. the spouse is asking the Court that the
administration of all classes of exclusive
property of the absentee be transferred to
him/her (Art. 142[2], Family Code).
• The petition to declare the husband an absentee and
the petition to place the management of the conjugal
properties in the hands of the wife may be combined and
adjudicated in the same proceedings
In Daya Maria Tol-Noguera v. Villamor,
 the Court reiterated the rule that it is not necessary
that a declaration of absence be made in a
proceeding separate from and prior to a petition for
administration.
Presumption of Death:
(a) When a person presumed dead (under ordinary
circumstances):
1.For purposes of remarriage, absence for four
consecutive years;
2.For the purpose of opening his succession, absence
of 10 years. But if he disappeared after the age of
75, absence of 5 years is sufficient for the purpose
of opening his succession.
3.For all other purposes except the foregoing,
absence of seven years.
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(b) Presumption of death (in case of disappearance
where there is danger of death):
Circumstances:
1. A person was on board a vessel lost during a sea
voyage, or an aeroplane which is missing, who has not
been heard of since the loss of the vessel or
aeroplane;
2. A person was in the armed forces and he took part in
war and has been missing;
3. A person has been in danger of death under other
circumstances and his existence has not been known.
Period Required:
1. 2 years, for purposes of remarriage;
2. 4 years, for all other purposes, including the
division of the estate among the heirs.
Need for Judicial Declaration of Presumptive Death:
 In a case where a spouse is absent for the
requisite period, the spouse present may contract
a subsequent marriage only after securing a
judgment declaring the presumptive death of
the absentee pursuant to the provision of
Article 41 of the Family Code, otherwise, the
spouse present will be liable for the crime of
bigamy. This is the only instance where a judicial
declaration of presumptive death is authorized by
law.
[Title XVI — Civil Register]
(Arts. 407 - 413, NCC)
Change or Correction of Entry in Civil Register
(1) Civil register:
 Acts, Events and Judicial decrees concerning
the civil status of persons shall be recorded in
the civil register.
 The "civil register" refers to the various registry
books and related certificates and documents kept
in the archives of the local civil registry offices,
Philippine Consulates and of the Office of the Civil
Registrar General.
(2) Civil registry books are public documents:
 The books making up the civil register and all
documents relating thereto shall be considered
public documents and shall be prima facie
evidence of the facts therein contained.
(3) Correction of clerical or typographical errors:
34
  Governing law:
 Together with Article 376 of the Civil Code,
 Article 412 of the Civil Code was amended by RA.
No. 9048 and
 R.A. No. 10172 in so far as clerical or typographical
errors are involved.
 The correction or change of such matters can now
be made through administrative proceedings and
without the need for a judicial order.
 In effect, R.A. No. 9048, as amended by R.A. No.
10172 removed from the ambit of Rule 108 of the
Rules of Court the correction of such errors.
Rule 108 now applies only to substantial changes and
corrections in entries in the civil register.
 Meaning of clerical or typographical errors:
 Refers to a mistake committed in the performance
of clerical work in writing, copying, transcribing or
typing an entry in the civil register that is harmless
and innocuous, such as:
o misspelled name or misspelled place of birth,
o mistake in the entry of day and month in the
date of birth or the sex of the person or the like,
which is visible to the eyes or obvious to the
understanding, and can be corrected or
changed only by reference to other existing
record or records.
 Any correction involving the change of nationality,
age, or status of the petitioner cannot be
considered clerical or typographical error.
(3) Substantial Changes or Corrections Covered By
Rule 108
(a) Scope of Rule 108:
Considering that clerical or typographical errors can now
be corrected or changed through administrative
proceedings and without the need for a judicial order,
Rule 108 now applies only to substantial changes and
corrections in entries in the civil register.
Republic v. Valencia
 Court adopted the view that substantial errors or
matters in a civil registry may also be corrected
under Rule 108 and the true facts established,
provided the parties aggrieved avail themselves of
the appropriate adversary proceeding.
Reminders:
Republic v. Coseteng-Magpayo
 Supreme Court held that when a petition for
cancellation or correction of an entry in the civil
register involves substantial and controversial
alterations including those on citizenship, legitimacy
of paternity or filiation, or legitimacy of marriage, a
strict compliance with the requirements of Rule 108
of the Rules of Court is mandated.
35
  The Supreme Court had stressed that a petition
seeking a substantial correction of an entry in a civil
register must implead as parties to the
proceedings not only the local civil registrar, but
also all persons who have or claim any interest
which would be affected by the correction.

While there may be cases where the Court held that the
failure to implead and notify the affected or interested
parties may be cured by the publication of the notice of
hearing, earnest efforts were made by petitioners in
bringing to court all possible interested parties.
Such failure was likewise excused:
 where the interested parties themselves initiated
the corrections proceedings;
 when there is no actual or presumptive awareness
of the existence of the interested parties;
 or when a party is inadvertently left out.

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