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FAMILY

VALUES
Chapter 4

Presenter: BLANCA C. ABANAG


Learning
Objectives
❑ Understand the nature, composition
and contributions of the family to the
development of personal values;
❑ Understand the duties of each member
of the family as provided under
pertinent laws;
❑ Understand the different property
relations of husband and wife and their
corresponding obligations as provided
by law; and,
❑ Understand the importance of the
acquisition as personal values of the
laws on family.
What is Family
Values?
Family values refer to such virtues which a family as the
smallest unit of the social institution must possess in
order to

and the first


preserve its training
solidarity ground for
citizenship
Why is Family
Important as
an Institution?
✓1987 Philippine Constitution with Article XV
devoted for the Family
✓State recognizes the Filipino Family as the
foundation of the nation Section 1, Article XV of the 1987

✓Accordingly it shall strengthen its solidarity Philippine Constitution

and actively promote its total development.


Constitutional
Provisions about the
Family
The constitutional provisions about the family is hereby
quoted to wit:

1. Marriage as an inviolable social


institution is the foundation of the family
and shall be protected by the state.

Section 2, Article XV of the 1987


Philippine Constitution
Constitutional Provisions
about the Family
2. The state shall defend the following:
❑ The right of the spouses to find a family in
accordance with their religious convictions and the
demands of responsible parenthood;
❑ The rights of children to assistance, including
proper care and nutrition, and special protection
from all form of neglect, abuse, cruelty, exploitation
and other conditions prejudicial to their
development;
❑ The right of the family to a family living wage, and
income;
Constitutional Provisions
about the Family

❑ The right of families or family associations to


participate in the planning and implementation of
policies and programs that affect them
❑ The family has the duty to care for its elderly
members but the state may also do so through just
programs of social security.

Section 3, Article XV of the 1987


Philippine Constitution

Section 4, Article XV of the 1987


Philippine Constitution
Sanctity of Family
Life
❖ The state recognizes the sanctity of family
life and shall protect and strengthen the
family as a basic autonomous social
institution.
❖ It shall equally protect the life of a mother
and the life of the unborn from conception.
❖ The natural and primary rights and duty of
parents in the rearing of the youth for civic
efficiency and the development of moral
Section 12, Article XI of the 1987
character shall receive the support of the
Philippine Constitution government.
Who are considered as
family?
Family relations include those

Art. 149, Family Code, EO No. 209

Art. 150, Family Code, EO No. 209


Suit between Members
of the Family
❑ No suits between members of the same
family shall prosper unless it should appear
from the verified complaint or petition that
earnest efforts towards a compromise have
been made, but that the same have failed.
❑ It is shown that no efforts were in fact made
to this effect, the case must be dismissed.
Suit between Members
of the Family
❑ This rule however, shall not apply to cases
which may not be the subject of
compromise under the Civil Code (Art 151,
Family Code)
(1) The civil status of persons;
(2) The validity of a marriage or a legal separation;
(3) Any ground for legal separation;
Art. 2035, Civil Code (4) Future support;
(5) The jurisdiction of courts;
A legitime is an inheritance which a compulsory heir receives (6) Future legitime
Support

❑ What is Support?
❑ Who are the persons obliged to give
support?
❑ What is the order of persons obliged to give
support?
❑ Is there an Alternative for Support?
Support
Comprises everything indispensable
for sustenance, dwelling, clothing,
medical attendance, education and
transportation in keeping with the
financial capacity of the family.

Art. 194, Civil Code of the Phil.- RA


386
Persons Obliged
to Support
The following are obliged to support each other:

❑ Spouses
❑ Legitimate ascendants and descendants
❑ Parents and their legitimate children and the
legitimate and illegitimate children of the
latter; and
Art. 195, Family Code, EO 209
❑ Legitimate brother and sisters, whether of
the full or half blood
Order of Persons
Obliged to Give
Support
Whenever two more persons are obliged to give
support, the liability shall devolve upon the
following in the order herein provided:
❑ The Spouses
❑ The descendants in the nearest degree
Art. 199, Family Code ❑ The brothers and sisters
When two or more
persons are Required
to Give Support
❑ If when the obligation 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.
❑ However, in case of urgent need and by
special circumstances, the judge may order
only one of them to furnish the support
Art. 200, Family Code, EO 209
provisionally, without prejudice to his right to
claim from the other obligators the share
due from them
Alternative to Support
❑ The person obliged to give support shall
have the option to fulfill the obligation either
by paying the allowance fixed, or by
receiving and maintaining in the family
dwelling the person who has the right to
receive support. The latter alternative cannot
be availed of in case there is a moral or legal
obstacle thereto.
Art. 204, Family Code, EO 209
Obligation to Give
Support shall be
Demandable
❑ The obligation to give support shall be demandable
from the time the person who has the right to
receive the same, needs it for maintenance, but it
shall not be paid except from the date of judicial or
extra judicial demand.
❑ Support pedente lite may be claimed in accordance
with the Rules of Court. Payment shall be made
within first five (5) of each corresponding month.
Art. 203, Family Code, EO 209 When the recipient dies, his heirs shall be obliged to
return what has been received in advanced.
Support shall not be
Levied
❑ The right to receive support under this title
as well as any money or property obtained
as such support shall not be levied upon on
attachment or execution.
❑ However, in case of contractual support or
that given by will, the excess in amount
beyond that required for legal support shall
Art. 205, Family Code, EO 209 be subject to levy on attachment or
execution.
Right for
Reimbursement
❑ When the person obliged to support another refuses
or fails to give support when urgently needed by the
latter, any third person may furnish support to the
needy individual, with the right of reimbursement
from the person obliged to give support.
Art. 207, Family Code, EO 209
❑ Moreover, when without the knowledge of the
person obliged to give support, it is given by a
stranger, the latter shall have the right to claim the
same from the former, unless it appears that he
Art. 206, Family Code, EO 209 gave it without any intention of being reimbursed.
Contractual Support
❑ In case of contractual support or that given
by will, the excess in amount beyond that
required for legal support shall be subject to
levy or attachment or execution.
❑ Furtheremore, contractual support shall be
subject to adjustments whenever
modification is necessary due to changes in
circumstances manifesting beyond
Art. 208, Family Code, EO 209
contemplation of the parties.
Parental Authority
RESPONSIBILITIES OF PARENTS

❑ Pursuant to the natural rights and duty of


parents over the persons and property of
their un-emancipated children, parental
authority and responsibility shall include the
caring for and rearing of such children for
civic consciousness and efficiency and the
Art. 209, Family Code, EO 209
development of their moral, mental and
physical character and well-being.
Parental Authority
NON-TRANSFERABILITY OF PARENTAL AUTHORITY
❑ Parental authority and responsibility may not be
transferred or renounced except in cases authorized
by law.
Art. 210, Family Code, EO 209
JOINT OBLIGATION OF PARENTS
❑ The father and the 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.
Art. 211, Family Code, EO 209 ❑ Children shall always observe reverence and respect
towards their parents and are obliged to obey them
as long as the children are under parental authority.
No members of the
Family shall be Allowed
to Testify against one
another
❑ No descendant shall be compelled, in a criminal
case, to testify against his parents and grandparent,
except when such testimony is indispensable in a
crime, against the descendants or by one parent
against the other.
Art. 215, Family Code, EO 209
Substitute Parental
Authority
❑ In default of parents or judicially appointed guardian,
the following persons shall exercise substitute
parental authority over the child in the order
indicated below:
1. The surviving grandparent
2. The oldest brother or sister, over 21 years of
age, unless unfit or disqualified; and
3. The child’s actual custodian, over 21 years of
age unless unfit or disqualified.
❑ Whenever the appointment of a judicial guardian
Art. 216, Family Code, EO 209 over the property of the child becomes necessary,
the same order of preference shall be observed.
Separation of Parents
❑ 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
considerations, especially the choice of a child over
7 years of age, unless the parent chosen is unfit.

❑ No child under seven (7) years of age shall be


Art. 213, Family Code, EO 209 separated from the mother unless the court finds
compelling reasons to order otherwise.
Foundlings, etc.
❑ 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
Art. 217, Family Code, EO 209
and similar institutions duly accredited by
the proper government agency.
Rights and Duties
of Parents
The parents and those who are exercising parental authority shall
have with respect to their unemancipated children towards the
following rights and duties:

1. To keep them in their company, to support, educate and


instruct them by right precept and good example, and to
provide for their upbringing in keeping with their means;
2. To give them love and affection, advice and counsel,
companionship and understanding
3. To provide them with moral and spiritual guidance, inculcate in
them honesty, integrity, self-discipline, self reliance, industry
and thrift, inculcate their interest in civic affairs and inspire in
them compliance with the duties of citizenship;
4. To enhance, protect, preserve and maintain their physical and
mental health at all times;
Rights and Duties
of Parents
5. To furnish them with good and wholesome
educational materials, supervise their activities,
recreation and association with others protect them
from bad company, and prevent them from acquiring
habits detrimental to their health, studies and morals;
6. To represent them in all matters affecting their
interests;
Art. 220, Family Code, EO 209
7. To demand from them respect and obedience;
8. To improve discipline on them as may be required
under the circumstances; and,
9. To perform such other duties as imposed by law
upon parents and guardians.
Civil Liability
❑Parents and other persons exercising
parental authority shall be civilly-liable for the
injuries and damages caused by the acts or
omissions of their unemancipated children
living in their company and under the
parental authority subject to the appropriate
defenses provided by law
Art. 221, Family Code, EO 209
Thank
you!

BLANCA C. ABANAG
Presenter
TO BE
CONTINUED
BY THE NEXT REPORTER ☺

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