CHAPTER FOUR

THE FAMILY

A. FAMILY

 Family is the basic social group that is united by blood (Consanguinity) and Marriage (Affinity);
one that generally lives together and participates in economic cooperation; provides security,
socialization and companionship; and aids in reproduction and preservation of the human race. It
is the most universal social institution.

 The State recognizes the sanctity of family life and shall protect and strengthen family as a basic
autonomous social institution. It shall equally protect the life of the unborn from conception.

 The State recognizes the vital role of the youth in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual and social well-being.

 Consequently, family relations are governed by law and no custom, practice or agreement
destructive of the family shall be recognized or given effect.

 Family relations include those between husband and wife; between parent and children; and
among brothers and sisters, whether full or half-blood.

FUNCTONS OF FAMILY
1. Reproduction
2. Security
3. Socialization
4. Assignment of status
5. Emotional Support
6. Other functions

FAMILY MODEL

1. THE CORPORATE MODEL- The father is the chief executive officer. The mother, the operating
officer, and implements the father’s policy and managing the staff (children) that in turn have
privileges and responsibilities based on their seniority. The father makes the most; he is the
final, word in the corporate family, intimacy runs to the profit motive.

2. THE TEAM MODEL – The father is the head, the mother is the chief of the training table and
cheerleader. The children, suffering frequent performance anxiety, play the rules and stay in
shape with conformity calisthenics. In the team family, competition is in the name of the game
winning is everything.

3. THE MILITARY MODEL – The father is the general. The mother is the guard duty with a
special assignment to the nurse corps when needed. The kinds are the grunts. Unruly children
are sent to stockade, insubordinate wives risk discharge. Punishment is swift and sadism is called
character building.

4. THE BOARDING SCHOOL MODEL – The father is the rector or head master, is in charge of
training school minds and bodies, the mother is the dorm counselor who oversees the realm
emotion, illness, good works and bedwetting. The children are dutiful students. The parents have
nothing left to learn, there’s but teach and test.
 5. THE THEATERICAL MODEL – The father is the producer, plays the role of the father. The
mother, the stage manager, doubles in the part of mother and children, the stagehands, also
acts the roles of girls and boys. No writer is necessary because the line are scripted, the role are
sex stereotypes, the plot predictable.

B. FAMILY HOME
 The family home constituted jointly by the husband and wife or by unmarried head of the
family, is the dwelling house where they and their family reside, and the land on which it is
situated.

1. BENEFICIARIES OF HOME

a. The husband and wife, or an unmarried head of the family

b. Their parents, ascendants, descendants, brothers and sisters, whether the
relationship is legitimate or illegitimate, who are living in the family home and who
depend upon the head of the family for support.

2. FAMILY HOME SHALL BE EXEMPTED FROM EXECUTION, FORCED SALE OR

ATTACHMENT, EXCEPT:

a. For nonpayment of taxes

b. For debts incurred prior to the constitution of the family home
c. For debts secured by mortgages on the premises before or after the constitution
d. For debts due to laborers, mechanics, architects builders, material men and others
who have rendered service or furnished materials for the construction of the building.

C. PATERNITY and FILIATIONS

 Filiations is the judicial determination of paternity which is the relation of child to father. The
filiation of children may be by nature or by adoption. Natural filiation may be legitimate or
illegitimate.

1. DISTINCTION BETWEEN PATERNITY and FILIATION

While paternity is the civil status relationship of the father to the child, filiation is the civil status or
relationship of the child to the father.

2. DIFFERENT KINDS OF CHILDREN UNDER FAMILY CODE

B. LEGITIMATE CHILD- One conceived or born during the marriage of the parents.

LEGITIMACY OF A CHILD MAY BE IMPUGNED ONLY ON THE FOLLOWING GROUNDS:

o That it was physically impossible for the husband to have sexual

intercourse with his wife within the first 120 days of the 300 days which
immediately preceded the birth of the child because of:

1. The physical incapacity of the husband to have sexual intercourse

2. The fact that the husband and wife were living separately that sexual intercourse is impossible
3. Serious illness of the husband, which absolutely prevented sexual intercourse.

o That it is proved that for biological or other scientific reasons, the child
could not have been that of the husband.
 o That in case of children conceived through artificial insemination, the
written authorization or ratification of either parent was obtained through
mistake, fraud, violence, intimidation or undue influence

B. ILLEGITIMATE CHILD- One who was conceived and born outside a valid marriage.

Distinction Legitimate child Illegitimate Child

Use of surname Right to bear surname of the Required to use mother’s name
father

Parental Authority Joint authority of parents Under the sole parental

authority of the mother

Support Preferential right to support over No such preference

mother if father has no sufficient
means to meet both claims

Successional right Entitled to inheritance Entitled to ½ of legitimate

child’s inheritance

Beneficiary right Primary beneficiary Not primary beneficiary

under SSS and GSIS

Paternity leave Father is entitled to Paternity No such benefit

leave of 7 days with full pay

C. LEGITIMATED CHILDREN -An illegitimate child who has been given the rights of a legitimate child,
provided the following requisites are present:
a. Conceived and born outside wedlock of parents who at the time of the conception of the child, were
not disqualified by any impediment to marry each other.

b. A subsequent valid marriage between parents. If a marriage is voidable but subsequently annulled, the
legitimation remains valid, for after all, a voidable marriage is valid until annulled.

C. ADOPTION

 Adoption is defined as the process of making a child, whether related or not to the adopter,
possesses in general, the rights accorded to a legitimate child.
 The philosophy behind adoption statutes is to promote the welfare of the child and every
reasonable intendment should be sustained to promote that objective.
 In all cases involving the custody, care, education and property of children, the child’s
welfare is paramount.
 Generally, only minors are adopted, except in cases when the adoption of a person of
majority age is allowed.

QUALIFICATIONS OF AN ADOPTER:

a. A person of age and in possession of full civil capacity and legal rights may adopt, provided he is in the
position to support and care for the children in keeping with the means of his family
b. He must be at least 16 years older than the person to be adopted, unless the adopter is the parent by
nature of the adopted.

THE FOLLOWING PERSONS MAY NOT ADOPT:

a. The guardian with respect to the ward prior to the approval of the final accounts rendered upon
termination of their guardianship status.
b. Any person who has been convicted of a crime involving moral turpitude
c. An alien, except:
1. A former Filipino citizen who seeks to adopt a relative by consanguinity.
2. One who seeks to adopt legitimate child of his or her Filipino spouse; or
One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a relative by
consanguinity of the latter.

HUSBAND AND WIFE MUST JOINTLY ADOPT, EXCEPT IN FOLLOWING CASES:

a. When one spouse seeks to adopt his own illegitimate child
b. When one spouse seeks to adopt the legitimate child of the other.

In case husband and wife jointly adopt or one spouse adopts the illegitimate child of the other, joint
parental authority shall be exercised.

Joint parental authority is exercised if the husband and wife jointly adopt and one spouse adopts the
legitimate child of the other. In case there is a disagreement in the exercise of such joint parental
authority, the father’s decision shall prevail, unless there is a judicial order to the contrary.

THE FOLLOWING MAY NOT BE ADOPTED:

a. A person of legal age, unless he or she is the child by nature of the adopter or his or her spouse, or
prior to the adoption, said person had been consistently considered and treated by the adopter as his or
her own child during minority;

b. An alien with whose government the Republic of the Philippines has no diplomatic relations;

c. A person who has already been adopted unless such adoption has been previously revoked or
rescinded

THE WRITTEN CONSENT OF THE FOLLOWING TO THE ADOPTION SHALL BE NECESSARY

a. The person to be adopted, 10 years of age or over.

b. The parents by nature of the child, the legal guardian, or the proper government instrumentality;
c. The legitimate and adopted children, 10 years of age or over, of the adopting parents;
d. The legitimate children, 10 years of age or over, of the adopting parents, if living with said parent and
the latter’s spouse if any; and
e. The spouse, if any of the person adopting or to be adopted.

EFFECTS OF ADOPTION
a. For civil purposes, the adopted shall be deemed to be legitimate child of the adopters and both shall
acquire the reciprocal rights and obligations arising from the relationship of parents and child, including
the right of the adopted to use the surname of the adopters;

b. The parental authority of the parents by nature over the adopted shall be terminated and be vested in
the adopters, except that if the adopter is the spouse of the parents by nature of the adopted, parental
authority shall be exercised jointly by both spouse;

c. The adopted shall remain intestate heir of his parents and other blood relatives.
EFFECTS OF ADOPTION
a. For civil purposes, the adopted shall be deemed to be legitimate child of the adopters and both shall
acquire the reciprocal rights and obligations arising from the relationship of parents and child, including
the right of the adopted to use the surname of the adopters;

b. The parental authority of the parents by nature over the adopted shall be terminated and be vested in
the adopters, except that if the adopter is the spouse of the parents by nature of the adopted, parental
authority shall be exercised jointly by both spouse;

c. The adopted shall remain intestate heir of his parents and other blood relatives.
D. PARENTAL AUTHORITY (PATRIA POTESTAS)
 It is the sum total of the right of parents over the persons and property of their children.
 It has for its purpose not only the sound physical development of the children, but also
the cultivation of their intellectual perceptions, and the nourishment of their appetitive
and sensitive faculties.

 Children shall always observe respect and reverence towards their parents and are
obliged to obey them as long as the children are under parental authority.

 In case of absence or death of either parent, the parent present shall continue exercising
parental authority.

 In case of separation of parents, parental authority shall be exercised by the parent

designated by the court. The Court shall take into account all relevant consideration,
especially the choice of the child over seven years of age, unless the parent chosen is
unfit.

 In case of death, absence or unsuitability of the parents, parental authority shall be

exercised by the following in the order indicated:
1) The surviving grandparent;
2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified;
3) The child’s actual custodian over twenty-one years of age, unless unfit or disqualified.

E. EMANCIPATION and AGE OF MAJORITY

 Emancipation- It is the release of a person from parental authority whereby he
becomes capacitated for civil life. Majority commences at the age of 18 years as
amended by RA 6809.

When does emancipation takes place?

1. By the attainment of majority;
2. By the marriage of minor;
3. By the recording in the Civil Register of an agreement in a public instrument
executed by the parent exercising parental authority and the minor at least 18 years
of age but the agreement must be approved by the court before it is recorded;

F. CARE and EDUCATION OF CHILDREN

Every child:
1. Is entitled to parental care;
2. Shall receive at least elementary education;
3. Shall be given moral and civic training by the parents or guardians;
4. Has the right to live in an atmosphere conducive to his physical, moral, and intellectual
development.
REGULATION OF CHILD and YOUTH WELFARE SERVICES: (AS PROVIDED BY PD 603- THE
CHILD AND YOUTH WELFARE CODE)
Child and youth welfare agencies provide encouragement, care, and protection to any category of
children and youth and shall be coordinated to the Department of Social Welfare Development.

1. CHILD CARING INSTITUTION. One that provides 24-hour resident group care service for the
physical, mental, social and spiritual well-being of nine (9) or more mentally gifted, dependent,
abandoned, neglected, handicapped, disturbed or youthful offenders.

2. DETENTION HOMES. A 24-hour child caring institution providing short term resident care for
youthful offenders who are awaiting court disposition of their cases or transfer to other agencies or
jurisdiction.

3. SHELTER-CARE INSTITUTION. One that provides temporary protection and care to children
requiring emergency reception as a result of fortuitous events, abandonment by parents, dangerous
conditions of neglect or cruelty in the home or a court order holding them as a child witness.

4. RECEIVING HOMES. Family type homes which provide temporary shelter from ten (10) to twenty
(20) days for children who shall during this period be under observation and study for eventual
placement by DSWD. The number of children in a receiving home shall not at any time exceed nine (9).

5. NURSERY. A child-caring institution that provides care for six or more children below six years of age
for all or part of a twenty-four hour day, except those duly licensed to offer primary medical and
educational services.

6. MATERNITY HOME. An institution or place of residence whose primary function is to give shelter
and care to pregnant women and their infants before, during and after delivery.

7. REHABILITATION CENTER. An institution that receives and rehabilitates youthful offenders or other
disturbed children.

8. RECEPTION AND STUDY CENTER. An institution that receives for study, diagnosis and temporary
treatment, children who have behavioral problems for the purpose of determining the appropriate care
for them or recommending their permanent treatment or rehabilitation in other child welfare agencies.

9. CHILD-PLACING AGENCY. An institution or person assuming care, custody, protection and

maintenance of children for placement in any child-caring institution or home or under the care and
custody of any person for adoption, guardianship or foster care.

DEPENDENT, ABANDONED AND NEGLECTED CHILDREN

1. DEPENDENT CHILD. One who is without a parent, guardian or custodian, or one whose parents,
guardian or other custodian for good cause desires to be relieved of his care and custody; and is
dependent upon the public for support.

2. ABANDONED CHILD. One who has no proper parental care or guardianship, or whose parents or
guardians have deserted him for a period of at least six continuous months.

3. NEGLECTED CHILD. One whose basic needs have been deliberately unattended or inadequately
attended to. Neglect may occur in two ways:

a. Physical Neglect – when child is malnourished, ill clad and without proper shelter.
b. Emotional Neglect – when children are maltreated, raped or seduced; when children are exploited.
Overworked or made to work to conditions not conducive to good health; made to beg in the streets or
public places, when children are in moral danger or exposed to gambling, prostitution and other vices.

COMMITMENT OR SURRENDER OF A CHILD IS A LEGAL ACT OF ENTRUSTING A CHILD TO

THE CARE OF THE DSWD OR ANY DULY LICENSED CHILD PLACEMENT AGENCY OR
INDIVIDUAL. IT MAY BE:

a. Involuntary commitment, in a case of a dependent child, or through termination of parental

guardianship rights by reason of abandonment, substantial and repeated neglect and or parental
incompetence to discharge parental responsibilities.

b. Voluntary commitment through the relinquishment of parental guardianship rights.

MENTALLY RETARDED, PHYSICALLY HANDICAPPED, EMOTIONALLY DISTURBED AND

MENTALLY ILL CHILDREN

1. MENTALLY RETARDED CHILDREN

a. Socially incompetent, that is socially inadequate and occupationally incompetent and unable to manage
their own affairs.
b. mentally subnormal
c. retarded intellectually from birth or early age
d. retarded at maturity
e. mentally deficient as a result of constitutional origin, through heredity or disease
f. essentially incurable
2. CLASSIFICATION OF MENTAL RETARDATION

A. CUSTODIAL GROUP. Members of this classification are severely or profoundly retarded, hence, the
least capable group. This include those with I.Q. is to 25.

B. TRAINABLE GROUP. Members of this group consists of those with I.Q. from about 25 to about 50;
one who belongs to this group shows a mental level and rate of development which is 1/4 to 1/2 that of
average child. He is unable to acquire higher academic skills but can usually acquire the basic skills for
living to a reasonable degree. He can likewise attain a primary grade level of education if he receives
effective instructions.

C. EDUCABLE GROUP. This group’s IQ ranges from 50 to about 75 and the intellectual development is
approximately 1/2 to 3/4 of that expected of a normal child of the same chronological age. The degree of
success or accomplishment that they will reach in life depends very much on the quality and type of
education that they will receive, as well on the treatment at home and in the community.

D. BORDERLINE OR LOW NORMAL GROUP. This is the highest group of mentally retarded with IQs
from about 75 to about 89. The members of this classification are only slightly retarded and they can
usually get by in regular classes if they receive extra care, guidance and consideration.

3. PHYSICALLY HANDICAPPED CHILDREN. Are those who are crippled, deaf-mute, blind or
otherwise defective with restricting their means of action or communication with others.

4. EMOTIONALLY DISTURBED CHILDREN. Although not afflicted with insanity or mental defect, are
unable to maintain normal social relations with others and the community in general due to emotional
problems or complexes.
5. MENTALLY ILL CHILDREN. Are those with behavioral disorder, whether functional or organic, which
is of such degree of severity as to require professional help or hospitalization.

6. DISABLED CHILDREN. Shall include mentally retarded, physically handicapped, emotionally

disturbed and severe mentally ill children.

-END OF MIDTERM