Civil Law and Practical Exercises
4. that his/her government allows the adoptee to enter his/her violating Article 185 which mandates a joint adoption by the
country as his/her adopted son/daughter:
Exemption from the 3 years residence
requirements for foreigners
1. a former Filipino citizen who seeks to adopt a relative within
the fourth (4th) civil degree; or
2. one who seeks to adopt the legitimate son/daughter of his/her
Filipino spouse; or
3. one who is married to a Filipino citizen and seeks to adopt
jointly with his/her spouse a relative within the fourth (4th)
degree of consanguinity or a nity of the Filipino spouse.
C. The guardian with respect to the ward after the termination of
the guardianship and clearance of his/her nancial
accountabilities.
JOINT ADOPTION of Husband and Wife if adapter is married
except in the following cases:
1. if one spouse seeks to adopt the legitimate son/daughter of
the other; or
2. if one spouse seeks to adopt his/her own illegitimate
son/daughter: Provided, However, that the other spouse has
signi ed his/her consent thereto; or
3. if the spouses are legally separated from each other.
Republic v. Toledano
Evelyn may appear to qualify pursuant to paragraph 3(a) of Article
184 of E.O. 209. She was a former Filipino citizen. She sought to
adopt her younger brother. Unfortunately, the petition for
adoption cannot be granted in her favor alone without
Reviewer
Whose consent is necessary to the adoption
husband and wife.
b Who may be adopted
a) Any person below eighteen (18) years of age who has been
administratively or judicially declared available for
adoption;
A child is one below 18 years old OR even over 18 but unable
to take care of himself because of a physical or mental defect.
(as amended by RA 9523)
b) The legitimate child of one spouse by the other spouse;
c) An illegitimate child by a quali ed adopter to improve
his/her status to that of legitimacy;
d) A person of legal age if, prior to the adoption, said person has
been consistently considered and treated by the adopter(s)
as his/her own child since minority;
e) A child whose adoption has been previously rescinded; or
f) A child whose biological or adoptive parent(s) has died:
Provided, That no proceedings shall be initiated within six (6)
months from the time of death of said parent(s).
RA 9523 on DSWD Certi cation of Availability for Adoption
Child Legally Available for Adoption refers to a child in whose
favor a certi cation was issued by the DSWD that he/she is legally
available for adoption after the fact of abandonment or neglect has
been proven through the submission of pertinent documents, or
one who was voluntarily committed by his/her parent(s) or legal
guardian.
By RGL
for the 2022 Bar
a) The adoptee, if ten (10) years of age or over;
b) The biological parent(s) of the child, if known, or the legal
guardian, or the proper government instrumentality which has
legal custody of the child;
c) The legitimate and adopted children, ten (10) years of age or
over, of the adopter(s) and adoptee, if any;
d) The illegitimate children, ten (10) years of age or over, of the
adopter if living with said adopter and the latter's spouse, if
any; and
e) The spouse, if any, of the person adopting or to be adopted.
Santos v. Aranzanso
If the natural parents have abandoned their children, consent
to the adoption by the guardian ad litem su ces.
Adoption is a proceeding in rem and that constructive
notice, such as the publication duly made as aforesaid, is enough
where the residence of the parents is unknown. Notice, moreover,
is not required in adoption cases in regard to the abandoning
parent.
Cang v. CA
Can minor children be legally adopted without the written
consent of a natural parent on the ground that the latter has
abandoned them?
The written consent of the natural parent to the adoption has
remained a requisite for its validity. Nevertheless, the
51 of 245
Civil Law and Practical Exercises
requirement of written consent can be dispensed with if the
parent has abandoned the child or that such parent is "insane
or hopelessly intemperate."
In cases where the father opposes the adoption primarily because his
consent thereto was not sought, the matter of whether he had
abandoned his child becomes a proper issue for determination.
The issue of abandonment by the oppositor natural parent is a
preliminary issue that an adoption court must rst confront.
Here, records disclose that petitioner’s conduct did not constitute
abandonment. Physical estrangement alone, without nancial
and moral desertion, is not tantamount to abandonment.
While admittedly, petitioner was physically absent as he was then in
the United States, he was not remiss in his natural and legal
obligations of love, care and support for his children.
In re Petition for Adoption of
Michelle and Michael Jude P. Lim
Petitioner appealed directly to this Court raising the sole issue of
whether or not petitioner, who has remarried, can singly adopt. It is
undisputed that, at the time the petitions for adoption were led,
petitioner had already remarried. She led the petitions by herself,
without being joined by her husband Olario. We have no other
recourse but to a rm the trial court's decision denying the petitions
for adoption. Dura lex sed lex. The law is explicit.
The fact that Olario gave his consent to the adoption as shown in his
A davit of Consent does not su ce. There are certain requirements
that Olario must comply being an American citizen. He must meet
the quali cations set forth in Section 7 of RA 8552. None of these
quali cations were shown and proven during the trial.
Reviewer
Sayson v. CA
It is too late now to challenge the decree of adoption, years after it
became nal and executory. That was way back in 1967.
A no less important argument against the petitioners is that their
challenge to the validity of the adoption cannot be made
collaterally, as in their action for partition, but in a direct
proceeding frontally addressing the issue.
c Rights of an adopted child
1. Parental Authority;
2. Legitimacy;
3. Succession.
Effects of rescission of adoption
Santos, Jr. v. Republic
Whether or not an elder sister may adopt a younger brother.
YES.
In re Adoption of Stephanie Nathy Astorga Garcia
May an illegitimate child, upon adoption by her natural father, use
the surname of her natural mother as her middle name? YES. There
is no law regulating the use of a middle name.
d Instances and e ects of rescission
2
By RGL
for the 2022 Bar
Grounds for Rescission of Adoption. – Upon petition of the
adoptee, with the assistance of the Department if a minor or if over
eighteen (18) years of age but is incapacitated, as guardian/counsel,
the adoption may be rescinded on any of the following grounds
committed by the adopter(s):
a) repeated physical and verbal maltreatment by the
adopter(s) despite having undergone counseling;
b) attempt on the life of the adoptee;
c) sexual assault or violence; or
d) abandonment and failure to comply with parental
obligations.
Adoption, being in the best interest of the child, shall not be
subject to rescission by the adopter(s). However, the
adopter(s) may disinherit the adoptee for causes provided in
Article 919 of the Civil Code.
1. The parental authority of the adoptee's biological parent(s)
shall be restored if the adoptee is still a minor or
incapacitated.
2. The reciprocal rights and obligations of the adopter(s) and the
adoptee to each other shall be extinguished.
3. The court shall order the Civil Registrar to cancel the
amended certi cate of birth of the adoptee and restore his/her
original birth certi cate.
4. Succession rights shall revert to its status prior to adoption.
Vested rights acquired prior to judicial rescission shall be
respected.
Inter-country Adoption
52 of 245
Civil Law and Practical Exercises Reviewer for the 2022 Bar

Inter-Country Adoption Act of 1995
Inter-country adoption refers to the socio-legal process of
adopting a Filipino child by a foreigner or a Filipino citizen
permanently residing abroad where the petition is led, the
supervised trial custody is undertaken, and the decree of adoption
is issued outside the Philippines.
a When allowed
E orts shall be exerted to place the child with an adoptive family in
the Philippines.
However, recognizing that inter-country adoption may be
considered as allowing aliens, not presently allowed by law to adopt
Filipino children if such children cannot be adopted by quali ed
Filipino citizens or aliens, the State shall take measures to ensure
that inter-country adoptions are allowed when the same shall prove
bene cial to the child's best interests, and shall serve and protect
his/her fundamental rights. (Sec. 2)
b Who may adopt
An alien or a Filipino citizen permanently residing abroad
may le an application for inter-country adoption of a Filipino
child if he/she:
a) is at least twenty-seven (27) years of age AND at least
sixteen (16) years older than the child to be adopted, at
the time of application unless the adopter is the parent by
nature of the child to be adopted or the spouse of such
parent;
b) if married, his/her spouse must jointly le for the
adoption;
c) has the capacity to act and assume all rights and
responsibilities of parental authority;
d) has not been convicted of a crime involving moral
turpitude;
e) is eligible to adopt under his/her national law;
f) is in a position to provide the proper care and support;
g) agrees to uphold the basic rights of the child;
h) comes from a country with whom the Philippines has
diplomatic relations; and
i) possesses all the quali cations and none of the
disquali cations provided herein and in other applicable
Philippine laws.
c Who may be adopted
1) Only a legally free child may be the subject of inter-country
adoption.
2) Legally-free child means a child who has been voluntarily or
involuntarily committed to the Department, in accordance
with the Child and Youth Welfare Code.
3) Child means a person below fteen (15) years of age
unless sooner emancipated by law.
I Support
1. What it compromises
ART 194. Support comprises xxxx
a. Sustenance;
b. Dwelling;
c. Clothing;
d. Medical attendance;
e. Education;
f. Transportation.
2. Who are obliged to give support
ART 195.
1) The spouses;
2) Legitimate ascendants and descendants;
3) Parents and their legitimate children and the
legitimate and illegitimate children of the latter;
4) Parents and their illegitimate children and the
legitimate and illegitimate children of the latter; and
5) Legitimate brothers and sisters, whether of full or
half-blood.
Support between brothers and sisters
ART 196. Brothers and sisters NOT legitimately related,
whether of the full or half-blood, are likewise bound to
support each other to the full extent set forth in Article 194,
except only when the need for support of the brother or sister,
being of age, is due to a cause imputable to the claimant's fault
or negligence.
Quintana v. Lerma and Reyes v. Ines-Luciano
The special defense of adultery set up by the defendant in his
answer both to the original and the amended complaint is a good
defense, and if properly proved and sustained will defeat the action.

By RGL 53 of 245
Civil Law and Practical Exercises
Sps. Lim v. Lim et al.
Whether petitioners are concurrently liable with Edward to
provide support to respondents.
YES. Although the obligation to provide support arising from
parental authority ends upon the emancipation of the child, the
same obligation arising from spousal and general familial ties ideally
lasts during the obligee's lifetime. Also, while parental authority
pertains to parents, passing to ascendants only upon its termination
or suspension, the obligation to provide legal support passes on to
ascendants not only upon default of the parents but also for
the latters inability to provide su cient support.
Petitioners Precluded from Availing of the Alternative
Option
Petitioners pray that they be allowed to ful ll their obligation by
maintaining respondents at petitioners' Makati residence. The
option is unavailable to petitioners. While not rising to the level of a
legal obstacle, as indeed, Cheryl's charge against Edward for
concubinage did not prosper for insu cient evidence, her steadfast
insistence on its occurrence amounts to a moral impediment
bringing the case within the ambit of the exception clause.
3. Source
ART 197. In case of legitimate ascendants; descendants,
whether legitimate or illegitimate; and brothers and sisters,
whether legitimately or illegitimately related, only the
separate property of the person obliged to give support
shall be answerable provided that in case the obligor has no
separate property, the absolute community or the conjugal
Reviewer
partnership, if nancially capable, shall advance the
support, which shall be deducted from the share of the spouse
obliged upon the liquidation of the absolute community or of
the conjugal partnership.
4. Order
ART 199. Whenever two or more persons are obliged to give
support, the liability shall devolve upon the following persons
in the order herein provided:
1) The Spouse;
2) The Descendants in the nearest degree;
3) The Ascendants in the nearest degree; and
4) The Brothers and sisters.
5. Amount
When the obligation to give support to one person falls on
several persons
ART 200. 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
provisionally, without prejudice to his right to claim from
the other obligors the share due from them.
How much is the amount of support to be given?
ART 201. The amount of support, in the cases referred to in
Articles 195 and 196, shall be in proportion to the resources
or means of the giver and to the necessities of the recipient.
By RGL
for the 2022 Bar
6. Manner and time of payment
ART 203. The obligation to give support shall be demandable
from the time the person who has a right to receive the same
needs it for maintenance, but it shall not be paid except from
the date of judicial or extrajudicial demand. xxxx
Payment shall be made within the rst ve days of each
corresponding month or when the recipient dies, his heirs
shall not be obliged to return what he has received in advance.
Option available to supporter
ART 204. The person obliged to give support shall have the
option to ful ll the obligation either
a) by paying the allowance xed, or
b) by receiving and maintaining in the family dwelling
the person who has a right to receive support.
The latter alternative cannot be availed of in case there is a
moral or legal obstacle thereto.
Amount of support to be received cannot be attached or levied
by creditors
ART 205. 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.
ART 207. When the person obliged to support another
unjustly refuses or fails to give support when urgently needed
by the latter, any third person may furnish support to the
needy individual, with right of reimbursement from the
person obliged to give support.
54 of 245
 Civil Law and Practical Exercises
7. Renunciation and termination
De Asis v. CA
The right to receive support can neither be renounced nor
transmitted to a third person. Furthermore, future support
cannot be the subject of a compromise.
8. Support pendente lite
Validity of the relationship must be proven first
Dolina v. Vallecera 2010
Dolina evidently led the wrong action to obtain support for her
child. The child's remedy is to le through her mother a judicial
action against Vallecera for compulsory recognition. If liation
is beyond question, support follows as a matter of obligation.
Alternatively, she may directly le an action for support, where
the issue of compulsory recognition may be integrated and
resolved.
J Parental Authority
1. General provisions
Medina v. Makabali
The right of parents to the company and custody of their children is
but ancillary to the proper discharge of parental duties to provide the
children with adequate support, education, moral, intellectual and
civic training and development.
Reviewer
While our law recognizes the right of a parent to the custody of her
child, Courts must not lose sight of the basic principle that "in all
questions of the care, custody, education and property of children,
the latter's welfare shall be paramount", and that for compelling
reasons, even a child under seven may be ordered separated
from the mother.
Sagala-Eslao v. CA
In the instant petition, when private respondent entrusted the
custody of her minor child to the petitioner, what she gave to the
latter was merely temporary custody and it did not constitute
abandonment or renunciation of parental authority. For the
right attached to parental authority, being purely personal, the law
allows a waiver of parental authority only in cases of adoption,
guardianship and surrender to a children’s home or an orphan
institution which do not appear in the case at bar.
Santos v. CA
Parental authority and responsibility are inalienable and may
not be transferred or renounced except in cases authorized by law.
Santos, Sr. has not been shown to be an unsuitable and un t parent.
Private respondents' demonstrated love and a ection for the boy,
notwithstanding, the legitimate father is still preferred over
the grandparents.
Renunciation
By RGL
for the 2022 Bar
ART 210. Parental authority and responsibility may not be
renounced or transferred except in cases authorized by law.
Celis v. Cafuir
The word "entrusted" cannot convey the idea of definite and
permanent renunciation of the mother's custody of her child.
The second document merely designated respondent Soledad as the
"real guardian" of the child. The designation of one as the guardian
of another cannot and does not mean that said guardian will always
assume and discharge the duties of the o ce or position.
Guardianship is always or almost invariably understood to be
temporary. While one is a minor or is incompetent, a guardian is
appointed; but when minority has passed or incapacity has ceased,
guardianship also terminates.
Joint exercise of parental authority
ART 211. 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.
Hirsch v. CA
The so-called "tender-age presumption" under Article 213 of the
Family Code may be overcome only by compelling evidence of the
mother's un tness. Here, the mother was not shown to be
unsuitable or grossly incapable of caring for her minor child. All
told, no compelling reason has been adduced to wrench the child
from the mother's custody.
Rule on parental authority for illegitimate child
55 of 245
 Civil Law and Practical Exercises
Dempsey v. RTC
Illegitimate children have rights to the same nature as legitimate and
adopted children. Rights must be enforced or protected to the extent
that it is possible to do so.
Rule in case of separation of parents
ART 213. In case of separation of the parents, parental
authority shall be exercised by the parent designated by the
Court.
1. In case of disagreement, the court will decide who
between the parents will have custody.
2. Basic rule is if the child is below 7 years old, he should be
with the mother. If over 7 years old, the child will decide.
3. Best interest and welfare of the child rule.
4. Joint custody is NOT encouraged.
Beckett v. Sarmiento, Jr 2013
The matter of custody, to borrow from Espiritu v. Court of
Appeals, “is not permanent and unalterable and can always be
re-examined and adjusted.”
The preference of a child over 7 years of age as to whom he desired to
live with shall be respected. Moreover, custody, even if previously
granted by a competent court in favor of a parent, is not, to reiterate,
permanent.
Dacasin v. Del Mundo-Dacasin 2010
For review is a dismissal of a suit to enforce a post-foreign divorce
Reviewer
child custody agreement for lack of jurisdiction.
No child under seven years of age shall be separated from the
mother. Clearly then, the Agreement's object to establish a
post-divorce joint custody regime between respondent and
petitioner over their child under seven years old contravenes
Philippine law.
A custody agreement can never be regarded as “permanent and
unbending,” the simple reason being that the situation of the parents
and even of the child can change. In a very real sense, then, a
judgment involving the custody of a minor child cannot be accorded
the force and effect of res judicata.
Luna v. IAC
The manifestation of the child Shirley that she would kill herself or
run away from home if she should be taken away from the herein
petitioners and forced to live with the private respondents is a
circumstance that would make the execution of the judgment
inequitable, unfair and unjust, if not illegal.
Chua v. Cabangbang
The absence of any kinship between the child and the
Cabangbangs alone cannot serve to bar the lower court from
awarding her custody to them. Indeed, the law provides that in
certain cases the custody of a child may be awarded even to
strangers, as against either the father or the mother or against both.
By RGL
for the 2022 Bar
Laxamana v. Laxamana
While petitioner may have a history of drug dependence, the records
are inadequate as to his moral, nancial and social well-being.
Moreover, the children in this case were 14 and 15 years old at the
time of the promulgation of the decision, yet the court did not
ascertain their choice as to which parent they want to live with.
Gualberto v. Gualberto
There being no su cient proof of any compelling reason to
separate the minor from his mother, custody should remain
with her.
Here, Crisanto cites immorality due to alleged lesbian relations
as the compelling reason to deprive Joycelyn of custody. But sexual
preference or moral laxity alone does not prove parental neglect or
incompetence. Not even the fact that a mother is a prostitute or has
been unfaithful to her husband would render her un t 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 e ect on the welfare of the child or have distracted
the o ending spouse from exercising proper parental care.
Sombong v. CA
Habeas Corpus may be resorted to in cases where "the rightful
custody of any person is withheld from the person entitled thereto."
Thus, although the Writ of Habeas Corpus ought not to be issued
if the restraint is voluntary, we have held time and again that the said
writ is the proper legal remedy to enable parents to regain the
56 of 245
Civil Law and Practical Exercises
custody of a minor child even if the latter be in the custody of
a third person of her own free will.
Madrinan v. Madrinan
A careful reading of Section 5(b) of RA 8369 reveals that family
courts are vested with original exclusive jurisdiction in
custody cases, not in habeas corpus cases.
Unson III v. Navarro and Araneta
The fact, that petitioner might have been tolerant about her stay
with her mother in the past when she was still too young to
distinguish between right and wrong and have her own correct
impressions or notions about the unusual and peculiar
relationship of her mother with her own uncle-in-law, the
husband of her sister's mother, is hardly of any consequence now
that she has reached a perilous stage in her life.
Tonog v. Daguimol
Inasmuch as the age of the minor, Gardin Faith, has now exceeded
the statutory bar of seven years, a fortiori, her preference and
opinion must rst be sought in the choice of which parent should
have the custody over her person.
David v. CA
The fact that private respondent has recognized the minor
Reviewer
child may be a ground for ordering him to give support to the
latter, but not for giving him custody of the child.
Yu v. Yu
By petitioner's ling of the case for declaration of nullity of marriage
before the Pasig RTC he automatically submitted the issue of the
custody of Bianca as an incident thereof. The custody issue in a
declaration of nullity case is deemed pleaded. The ling of a
new action is not necessary for the court to consider the issue
of custody of a minor.
The petition led by petitioner for the declaration of nullity of
marriage before the Pasig RTC is the more appropriate action to
determine the issue of who between the parties should have custody
over Bianca in view of Article 50 of the Family Code. This must be
so in line with the policy of avoiding multiplicity of suits.
see A.M. No. 03-03-04-SC
2. Substitute parental authority
ART 216. In default of parents or a judicially appointed
guardian, the following person shall exercise substitute
parental authority over the child in the order indicated:
1) The surviving grandparent, as provided in Art. 214;
2) The oldest brother or sister, over 21 years of age,
unless un t or disquali ed; and
3) The child's actual custodian, over twenty-one years
of age, unless un t or disquali ed.
By RGL
for the 2022 Bar
Whenever the appointment or a judicial guardian over the
property of the child becomes necessary, the same order of
preference shall be observed.
Bagtas v. Santos
Section 1, Rule 102, of the Rules of Court states that the writ of
habeas corpus shall extend to all cases where the rightful custody of
any person is withheld from the persons entitled thereto. In cases
involving minors, the purpose of a petition for habeas corpus is not
limited to the production of the child before the court. The main
purpose of the petition for habeas corpus is to determine who
has the rightful custody over the child.
3. Special parental authority
Who will exercise special parental authority
ART 218. The school, its administrators and teachers, or the
individual, entity or institution engaged in child care shall have
special parental authority and responsibility over the minor
child while under their supervision, instruction or custody.
Authority and responsibility shall apply to all authorized
activities whether inside or outside the premises of the
school, entity or institution.
Extent of liability of those exercising special parental authority
ART 219. xxx shall be principally and solidarily liable for
damages caused by the acts or omissions of the unemancipated
minor.
The parents, judicial guardians or the persons exercising
substitute parental authority over said minor shall be
subsidiarily liable.
57 of 245
Civil Law and Practical Exercises
What are the available defenses for them. — that they
exercised the proper diligence required.
Amadora v. CA
The rector, the high school principal and the dean of boys cannot be
held liable because none of them was the teacher-in-charge.
At any rate, assuming that he was the teacher-in-charge, there is no
showing that Dicon was negligent in enforcing discipline upon
Da on or that he had waived observance of the rules and regulations
of the school or condoned their non-observance.
The Colegio cannot be held directly liable under the article because
only the teacher or the head of the school of arts and trades is
made responsible for the damage caused by the student or
apprentice.
PSBA v. CA
When an academic institution accepts students for enrollment, there
is established a contract between them, resulting in bilateral
obligations which both parties are bound to comply with.
The school may still avoid liability by proving that the breach of its
contractual obligation to the students was not due to its negligence.
4. E ect of parental authority over the child's person
ART 221. 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 their parental
authority subject to the appropriate defenses provided by law.
Reviewer
Defense of the parents
Libi v. IAC
Parents are and should be held primarily liable for the civil liability
arising from criminal o enses committed by their minor children
under their legal authority or control, or who live in their company,
unless it is proven that the former acted with the diligence of a
good father of a family to prevent such damages.
St. Mary’s Academy v. Carpetanos
For petitioner to be liable, there must be a nding that the act or
omission considered as negligent was the proximate cause of the
injury caused because the negligence must have a causal connection
to the accident. In this case, the respondents failed to show that the
negligence of petitioner was the proximate cause of the death of the
victim. The negligence of petitioner St. Mary’s Academy was
only a remote cause of the accident.
5. E ects of parental authority over the child's
property
ART 225. The father and the mother shall jointly exercise legal
guardianship over the property of the unemancipated
common child without the necessity of a court appointment.
Where 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, but not less than ten per centum (10%) of the
value of the property or annual income, to guarantee the
By RGL
for the 2022 Bar
performance of the obligations prescribed for general
guardians.
The petition shall be docketed as a summary special
proceeding.
6. Suspension or termination of parental authority
Permanent Termination
ART 228. Parental authority terminates permanently:
1) Upon the death of the parents;
2) Upon the death of the child; or
3) Upon emancipation of the child.
ART 232. If the person exercising parental authority has
subjected the child or allowed him to be subjected to sexual
abuse, such person shall be permanently deprived by the court
of such authority.
Terminated unless subsequently revived
ART 229. Unless subsequently revived by a nal judgment,
parental authority also terminates:
1) Upon adoption of the child;
2) Upon appointment of a general guardian;
3) Upon judicial declaration of abandonment of the
child in a case led for the purpose;
4) Upon nal judgment of a competent court divesting
the party concerned of parental authority; or
5) Upon judicial declaration of absence or incapacity
of the person exercising parental authority.
Ipso Facto Suspension
58 of 245
 Civil Law and Practical Exercises Reviewer for the 2022 Bar

ART 230. Parental authority is suspended upon conviction of without their consent. General Provisions
the parent or the person exercising the same of a crime which However, inasmuch as it is evident that Reginald is now of age, as a Testamentary Succession
carries with it the penalty of civil interdiction. The authority matter of equity, the liability of Atty. Hill has become merely
is automatically reinstated upon service of the penalty or subsidiary to that of his son. Wills
upon pardon or amnesty of the o ender.
Institution of heirs
Suspension by court action
Substitution of heirs
ART 231. The court in an action led for the purpose in a Libi v. IAC, supra
Conditional testamentary dispositions and those with a
related case may also suspend parental authority if the parent Parents are and should be held primarily liable for the civil liability
or the person exercising the same: term
arising from criminal o enses committed by their minor children
1) Treats the child with excessive harshness or cruelty; under their legal authority or control, or who live in their company, Legitime
unless it is proven that the former acted with the diligence of a good
2) Gives the child corrupting orders, counsel or example; Disinheritance
father of a family to prevent such damages.
3) Compels the child to beg; or Legacies and devises

4) Subjects the child or allows him to be subjected to
acts of lasciviousness.
K Emancipation
When emancipation takes place?
ART 234. Emancipation takes place by the attainment of
majority. Unless otherwise provided, majority commences at
the age of eighteen years. (as amended by RA 6809)
Elcano v. Hill
The marriage of a minor child does not relieve the parents of the
duty to see to it that the child, while still a minor, does not give cause
to any litigation, in the same manner that the parents are answerable
for the borrowings of money and alienation or encumbering of real
property which cannot be done by their minor married child
Legal and Intestate Succession
L Retroactivity of the Family Code General provisions; relationship and right of
representation
ARTICLE 256. This Code shall have retroactive e ect insofar as
it does not prejudice or impair vested or acquired rights in Order of intestate succession
accordance with the Civil Code or other laws.
Provisions Common to Testate and Intestate Succession
Bernabe v. Alejo on Vested Rights Right of Accretion
The right to seek recognition granted by the Civil Code to Capacity to succeed by will or by intestacy
illegitimate children who were still minors at the time the Family Acceptance and repudiation of inheritance
Code took e ect cannot be impaired or taken away. The minors have
up to four years from attaining majority age within which to le an Partition and distribution of the estate
action for recognition.
A General Provisions
III Succession

By RGL 59 of 245
 Civil Law and Practical Exercises
1. De nition
ART 774. Succession is a mode of acquisition by virtue of
which the property, rights and obligations to the extent of the
value of the inheritance, of a person are transmitted through
his death to another or others either by his will or by
operation of law.
2. Succession occurs at the moment of death
ART 777. The rights to the succession are transmitted from the
moment of the death of the decedent.
Objects of Succession
Transmissible rights and obligations
ART 776. The inheritance includes all the property, rights
and obligations of a person which are not extinguished by
his death.
Rabadilla v. CA
Under Article 776 inheritance includes all the property, rights and
obligations of a person, not extinguished by his death. Conformably,
whatever rights Dr. Rabadilla had by virtue of subject Codicil were
transmitted to his forced heirs, at the time of his death. And since
obligations not extinguished by death also form part of the estate of
the decedent; corollarily, the obligations imposed by the Codicil on
the deceased Dr. Rabadilla, were likewise transmitted to his
compulsory heirs upon his death.
ART 781. The inheritance of a person includes not only the
property and the transmissible rights and obligations existing
Reviewer
at the time of his death, but also those which have accrued
thereto since the opening of the succession.
Examples of rights NOT extinguished by death, and thereby
TRANSMISSIBLE
a) Right to bring or continue an accion interdictal;
b) To compel the execution of a document necessary for
convenience;
c) To continue a lease contract;
d) Property right in an insurance policy.
NHA v. Almeida
The death of Margarita Herrera does not extinguish her interest over
the property. Obligations are transmissible. Margarita's obligation
to pay became transmissible at the time of her death either by will or
by operation of law.
3. Kinds of Successors
ART 782. An heir is a person called to the succession either by
the provision of a will or by operation of law.
Devisees and legatees are persons to whom gifts of real and
personal property are respectively given by virtue of a will.
B Testamentary Succession
1 Wills
A will is an act whereby a person is permitted, with the formalities
prescribed by law, to control to a certain degree the disposition of
his estate, to take e ect after his death.
By RGL
for the 2022 Bar
Seangio v. Reyes
Segundo's document, although it may initially come across as a mere
disinheritance instrument, conforms to the formalities of a
holographic will prescribed by law. It is written, dated and signed
by the hand of Segundo himself. An intent to dispose mortis causa
can be clearly deduced from the terms of the instrument, and while
it does not make an a rmative disposition of the latter's property,
the disinheritance of Alfredo, nonetheless, is an act of
disposition in itself.
ART 828. A will may be revoked by the testator at any time
before his death. Any waiver or restriction of this right is
VOID.
ART 818. Two or more persons cannot make a will jointly,
or in the same instrument, either for their reciprocal bene t or
for the bene t of a third person.
ART 784. The making of a will is a strictly personal act; it
cannot be left in whole or in part to the discretion of a third
person, or accomplished through the instrumentality of an
agent or attorney.
Interpretation of wills
ART 788. If a testamentary disposition admits of di erent
interpretations, in case of doubt, that interpretation by
which the disposition is to be operative shall be
preferred.
Kinds of Ambiguity
60 of 245