Civil Law Review I – Family Home, Paternity, and Filiation

Outline
Atty. Mercano

I. The Family

A. Basic Concepts
Arts. 149-150: treatment and definition of Family
Art. 151: procedural requirement for suits involving members of family

B. The Family Home

Arts. 152-153; constitution and definition
153, 154
156, 157 -159
Attributes: Art. 155.
Cases:
Ramos v. Pangilinan, G.R. No. 185920, 20 July 2010
Patricio v. Dario, G.R. No. 170829, 20 November 2006

II. Paternity and Filiation

A. Legitimate Children
1. Filiation of Children: See Art. 163
Differentiate Paternity from Filiation

2. Legitimate and Illegitimate Children: Art. 164 and 165

3. Grounds to Impugn the Legitimacy of a Child: Art. 166

Macadadang v. CA, 100 SCRA 73
Tijing v. CA, 354 SCRA 17
Jao v. CA,152 SCRA 359
Herrera v. Alba, 460 SCRA 197

4. Presumption of Legitimacy: Art. 167; see also Art. 168 and 169.
Liyao, Jr. v. Tanhoti-Liyao, 378 SCRA 563
Tan v. Trocio, A.C. No. 2115, 27 November 1990.

5. Periods governing actions to impugn legitimacy: Art. 170

6. Standing to impugn legitimacy: Art. 171
Labagala v. Santiago, 371 SCRA 360
Babiera v. Catotal, 333 SCRA 487

7. Proof of Filiation: Art 172

Ilano v. Court of Appeals, 230 SCRA 242; compare Ilano with Heirs of Cabais v. CA, 316 SCRA 338
and Macadadang v. CA.
Cabatania v. CA, 441 SCRA 96
8. Period governing suits for filiation: Art. 173
9. Rights of legitimate children: Art. 174

B. Illegitimate Children
See Art. 175
Rights of, Art. 176

C. Legitimated Children
See R.A. 9858
Requisites for child, parents, and marriage.
Arts. 180-182

Cases:
Alfon v. Republic, 29 May 1980
Alanis III v. Court of Appeals, et al., 11 November 2020
Miller v. Miller, G.R. No. 200344, 28 August 2019

D. Adopted Children
Domestic Adoption – See the Domestic Adoption Act of 1998; AM 2-06-2-SC
Definitions: adoption; simulated birth and its rectification; domestic adoption.
Who can adopt? What must they establish (qualifications)?
Who may be adopted?
Residency and Certification required for aliens; exceptions
Rule and exception for adoption by spouses
When a DSWD Certification is required
Consent required in adoption cases
The 16-year gap rule and exceptions
Jurisdiction over adoption cases

Intercountry Adoption: see R.A. No. 8043 and its Amended IRR
Definition; distinction from domestic adoption
Jurisdiction
Who can adopt? What must they establish (qualifications)? See 16-year gap rule and exceptions.
Who may be adopted?
Rule for adoption by spouses
When a DSWD Certification is required
Consent required in adoption cases

Effects of Adoption
Parental Authority
Status of Child
Surname

Rescission of Domestic Adoption (See Domestic Adoption Act/Rules/applicable Family Code

rules and concepts)
Grounds and standing for rescission
Prescription
Effects of Rescission

See Arts. 177-182; see R.A. 9858