Civil Law Review I

Persons and Family Relations

Guide Questions on Support and Parental Authority

Support

What is support? Who are obligated to support each other?

Between spouses, will support apply if the marriage is void? If Valid? If bigamous? If they are legally
separated?

As to parents and children, how will the legitimacy or illegitimacy of the relationship affect the obligation?
Will the same rule apply to ascendants and descendants?

As to brothers and sisters, will illegitimacy of the relationship matter? Why or why not?

If parents are still alive, are grandparents liable to support the former’s offspring?

Should support extend to advanced studies, like law, master’s degrees, and similar courses?

For those obliged to give support, what may be the sources of it?

If two or more persons are obliged to support the same individuals/set of individuals, what rules apply?

In computing support, should courts be guided by the average amount of support for Filipino families? What
should courts consider in evaluating the adequacy of support provided?

How may the duty to give support be complied with?

May support be levied?

Aside from the legal duty to provide support under the Family Code, what else may provide basis to give
support? What are the attributes of support streaming from these sources that distinguish said support from
familial support?

Parental Authority

What is parental authority? What obligations and duties are included in this concept?

What are the conditions necessary to keep parental authority in place?

Who exercises parental authority over children?

May parental authority be assigned? Abandoned?

Distinguish between substitute parental authority and special parental authority.

When may parental authority be substituted? Who are the recognized substitutes?

Will the rules on substitution apply in case of adopted children?

How is parental authority affected when both spouses die? When one spouse dies? When they separate?

What is the tender age presumption and the exception to the rule?

Who exercises special parental authority? What requisites must be present for such persons/entities to exercise
this class of authority?

How is the liability under Art. 218 different from that in Art. 2180, Civil Code?

Who owns properties purchased by minor children? Who may administer them?

If such properties deliver profits or earnings, may these answer for the family’s needs?

When can parental authority be permanently terminated?

What grounds may terminate parental authority, but subject to revival? How can the same be accomplished?

When may parental authority be suspended? May the grounds accommodate involuntary acts and omissions? If
suspended, how may the authority be revived?

Additional considerations:

How is a birth simulated? What is the legal effect of simulating a birth? Is the act punishable, and how may a
simulator exempt himself from liability?

What is foster care? Who are qualified to be placed under this program? May adults qualify?

Who can be foster parents under the law?

What is the relationship between the fostered child and the parents qualified? How may such relationship be
made permanent?

Does the foster child enjoy successional rights in relation to the foster parents?