PERSONS AND FAMILY RELATIONS

THE FAMILY
(Art. 149-162) 149-

PATERNITY AND FILIATION
(Art. 163-182) 163Reporter: CLINT M. MARATAS, LLB 1 Instructor: ATTY. PEÑAFLOR

THE FAMILY

CHAPTER 1 THE FAMILY AS AN INSTITUTION
ART. 149 The Family, being the Family, foundation of nation, is a basic social institution which public policy cherishes and protects. Consequently, protects. family relations are governed by law and no custom, practices or agreement destructive of the family shall be recognized or given effect. 

The Family, being the foundation of THE FAMILY Family, nation, is a basic social institution which public policy cherishes and protects. protects.
Hence, no suit between members of the family shall prosper unless compromise between parties has failed. (Section 151)

RELATED LAWS  1987 Philippine Constitution

Section 12, Article II provides that the State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. Article XV (Section 1 to 4) exclusively deals with FAMILY and highlighted the importance of family and marriage. Section 1, It state that the State recognizes the Filipino Family as a foundation of the nation. Accordingly, It shall strengthen its solidarity and actively promote its total development.

Family relations are governed by law and no custom, practices or agreement destructive of the family shall be recognized or given effect. JURISPRUDENCE: LEON VS. CA, 186 SCRA 345
The SC sustained the decision of the lower court that agreement is contrary to law and Filipino morals and public policy because the consideration of the agreement was the termination of the marriage by the parties which they cannot do on their own and without legal basis.

THE FAMILY

Art. 50. Family relations include those: (1) Between husband and wife; (2) Between parents and children (3) Among other ascendants and descendants (4) Among brothers and sisters, whether of the full or half-blood. (217a) half-

Mandatory Prior Recourse to Compromise 

THE FAMILY

No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but that the same have failed. If it is shown that no such efforts were in fact made, the same case must be dismissed. (Art. 151) (Art. - Allegation of EARNEST EFFORT is JURISDICTIONAL, if it is absent, the court can dismiss the case.

This rules shall not apply to cases which may not be the subject of compromise under the Civil Code. (222a) 
 

1. When a stranger is involved in the suit 2. Cases which are not subject to compromise. (CV-JAFF) Art. 2035 CC (CVCivil Status of person
Validity of Marriage or a legal separation Jurisdiction of courts Any ground for legal separation Future support Future legitimate

THE FAMILY HOME
(Art. 152 Family Code)
1.

It is constituted a. jointly by the husband and the wife or b. by an unmarried head of a family, It is the dwelling house where they and their family reside, and the land on which it is situated.

2.

GENERAL RULE: The FAMILY HOME is exempted from: Art. 153. 1. execution, 2. forced sale or 3. Attachment EXCEPTIONS: (Article 155) 1. NonNon-payment of taxes 2. Debts incurred prior to constitution of home 3. Debts secured by mortagages on the premises before and after constitution 4. Debts due to laborers, mechanics, architects, builders, material men and other who have rendered service or furnished material for the constitution of the building.

GUIDELINES 
     

Constituted on the dwelling house of the family and the land on which house is situated. FH is deemed constituted from the time of actual occupation as a family residence FH must be owned by person constituting it. FH must be permanent Rules applies to valid and voidable and even to commoncommon-law marriages under Art. 147 & 148, FC. FH continues despite death of one or more spouses or unmarried head of family for 10 years as long as there is a minor beneficiary (Article 159 FC) Can only constitute one family only (Art.161)

Beneficiaries of a Family Home
(Art. 154 FC)
(1)

(2)

The husband and wife, or an unmarried person who is the head of a family; and Their parents (may include parents-inparents-inlaws), ascendants, descendants, brothers and sisters, (legitimate or illegitimate), living in the family home and dependent on the head of the family for legal support. (226a)

VALUE OF FAMILY HOME 

Actual Value shall not exceed P300,000 in urban areas and P200,000 in rural areas. (At the TIME OF ITS CONSTITUTION)
If at the time of the constitution of FH the value was more than the value fixed by the law, such home is not a family home, therefore, it is not exempted from execution, forced sale or attachment.

SALE, ALIENATION, DONATION, ASSIGNMENT, OR ENCUMBRANCE OF THE FAMILY HOME (Art. 158)
1.

2.

3.

4.

The person who constituted the same must give his/her written consent The spouse of the person who constituted the family home must also give his/her written consent A majority of the beneficiaries of legal age must also give their written consent In case of conflict, the court shall decide

REQUISITES FOR CREDITOR TO AVAIL OF THE RIGHT TO EXECUTE (Art. 160)
He must be a judgement creditor. (court decision) 2. His claim is not among those exceptions under Art. 155 3. He has reasonable grounds to believe that the family home is actually worth more than the maximum amount fixed in Article 157.
1.

PROCEDURES:
1.

2.

3. 4.

The creditor must file a motion in the court proceeding where he obtained a favorable writ of execution against the family home. There will be a hearing on the motion where the creditor must prove that the value of the family home exceeds the maximum amount fixed by the Family Code, either at the time of its execution or as a result of improvements introduced thereafter. If the creditor proves that the actual value exceeds the maximum amount the court will orders its sale in execution. If the family home is sold for more than the value allowed, the proceeds shall be applied as follows: a. 1st, the obligations enumerated in Art. 155 must be paid b. Then the judgment in favor of the creditor will be paid, all the cost of execution; c. The excess, if any, shall be delivered.  

Art. 161. For purposes of availing of the benefits of a family home as provided for in this Chapter, a person may constitute, or be the beneficiary of, only one family home. (n) Art. 162. The provisions in this Chapter shall 162. also govern existing family residences insofar as said provisions are applicable. (n)  

Simply means that all existing family residences at the time of the effectivity of the FC are considered FH. The Family Code is RETROSPECTIVE. (August 3, 1988)

PATERNITY AND FILIATION (Art. 163-182) 163-

Chapter 1. Legitimate Children
Art. 163. The filiation of children may be 163. by nature or by adoption. Natural filiation may be legitimate or illegitimate. (n)

GENERAL RULE: LEGITIMATE CHILDREN are children conceived or born during the marriage of the parents are legitimate. (Art. 164) (Art.

EXCEPTIONS
1. 2. 3.

Legitimate Children

4.

5.

6. 7.

Conceived as a result of artificial insemination Born of a viodable marriage before decree of annulment Conceived or born before judgment of annulment or absolute nullity under Art. 36 (psychological capacity) becomes final and executory Conceived or born a subsequent marriage under Art. 53 (failure to record the judgment, partition and distribution of properties, and delivery of children¶s presumptive legitime) Conceived or born of mother¶s who may have declared against their legitimacy or was sentenced as an adulteress (Art.167) Legally Adopted Legitimated, conceived and born outside of wedlock of parents without impediment at the time of conception and who subsequently married.

ILLEGITIMATE (Art. 165)
Born outside a valid marriage Born of marriage which are void ab inition such as bigamous and incestuous marriages and void marriages by reason of public policy Born of voidable marriages born after the decree of annulment

CHILDREN BY ARTIFICIAL INSEMINATION ARE CONSIDERED LEGITIMATE (Art. 164, par 2)
The artificial insemination is made on the wife, not on another woman The artificial insemination on the wife is done with the sperf of the husband, or or a donor, or both the husband and a donor The artificial insemination has been authorized or ratified by both spouses on a written instrument executed and signed by them before the birth of the child, The written instrument is recorded in civil registry together with the birth certificate of the child

GROUNDS TO IMPUGN THE LEGITIMACY OF THE CHILD (Art. 166)
(1) 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: ± (a) the physical incapacity of the husband to have sexual intercourse with his wife; ± (b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible; or ± (c) serious illness of the husband, which absolutely prevented sexual intercourse;

(2) If its proved that for biological or other scientific reasons, reasons, the child could not have been that of the husband, except in the instance provided in the second paragraph of Article 164; or (art in) (3) In case of children conceived through artificial insemination, insemination, the written authorization or ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence. (255a)

WHO MAY IMPUGN THE LEGITIMACY OF A CHILD (Art. 171)
General Rule: Only the husband can impugn the legitimacy of the Child Exceptions: The heirs of the husband may impugn the child¶s filiation in the following cases:
a. If the husband dies before the expiration of period for filing the action b. If the husband dies after filing without desisting c. if the child was born after the death of the husband.

PERIOD FOR FILING OF ACTION TO IMPUGN LEGITIMACY: (Art. 170)
If the husband (or his heirs) resides in the same city or municipality with 1 year from knowledge of the birth or its recording in the civil registrar. 2. If the husband (or his heirs) does not reside in the city or municipality where the child¶s birth took place or was recorded but his residence is in the Philippines within 2 years. 3. If the child¶s birth took place or was recorded in the Philippines while the husband has his residence abroad, or vice-versa, within 3 years. vice1.
HOWEVER, if the child¶s birth was CONCEALED from or was UNKNOWN to the husband or his heirs, the period shall be counted from the discovery or knowledge of the birth of the child or the of the act or registration whichever is earlier.

RULE ON STATUS OF A CHILD BORN 300 days following TERMINATION OF FORMER MARRIAGE (Art. 168)

REQUISITES: 1. First Marriage Terminated 2. Mother contracted subsequent marriage 3. Subsequent marriage was contracted within 300 days after termination of previous marriage 4. Child was born 5. No evidence ast to status of child

Rules whom the child belongs in the absence of proof to the contrary:
1. 1st Marriage: If the child was born before

the lapse of 180 days after celebration of 2nd Marriage provided born within 300 days after the termination of the 1st Marriage. 2. 2nd Marriage: If the child was born after 180 days following celebration of 2nd Marriage, whether born within 300 days after termination of 1st Marriage or afterwards.

Chapter 2. Proof of Filiation
GENERAL RULE (Art. 172) Filiation of legitimate (or 172) illegitimate)children is established by any of the following: ± (1) The record of birth appearing in the civil register or a final judgment (status of the child as legitimate); or ± (2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.
Tijing vs. Court of Appeals, G.R. No.125901, 03/08/2001 Resemblance between the parent and the child can be competent and material evidence to establish parentage if such resemblance is accompanied by the strong evidence, whether direct or circumstancial, to prove the filiation of the child.

EXCEPTION: (par 2)
In the absence of the foregoing evidence, the legitimate filiation shall be proved by: ± (1) The open and continuous possession of the status of a legitimate child; or ± (2) Any other means allowed by the Rules of Court and special laws. For illegitimate children- when the action is childrenbased on the above, the action may be brought ONLY during the lifetime of the alleged parent.

ACTION TO CLAIM LEGITIMACY (Art. (Art. 173)
1. The Child ± exclusive and personal right of child whuch may be brought anytime during his lifetime. 2. Transmitted to heirs of the child within a period of 5 years in case
a. Child dies during minority b. Child is in state of insanity c. Child dies after action has already been instituted

RIGHTS OF LEGITIMATE AND ILLEGITIMATE CHILDREN
Legitimate
Surname Use of the father and mother¶s surname

Illegitimate
Use of mother¶s surname RA 9255 Amended Art. 176 of FC as of Mar 19, 2004 can use Father¶s Surname

Legitimate

Entitled to Legitimate and other Entitled only to ½ of successional rights granted to legitime of legitimate them by the NCC. child Entitled to receive support from Receive support parents, ascendants, and in according to the proper cases, brothers and provision fo the FC sisters under Art. 174

Support

RIGHTS OF LEGITIMATE AND ILLEGITIMATE CHILDREN
Legitimate
Action for claim for legitimacy or illegitmacy Transmisible to heirs under Art.173 Right to Inherent ab intesto His/Her whole lifetime regardless of type of proofs provided under Art. 172 FC Yes

Illegitimate
His/Her whole lifetime regardless of type of proofs provided under Art. 172 par 2 ONLY lifetime of alleged parent for ART 172 par 2 NO

Yes

No right to inherent ab intesto from legitimate children and relative of father and mother under Art. 992 of NCC

Chapter 3. Illegitimate Children
Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. (289a)

Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of oneone-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. (287a)

Chapter 4. Legitimated Children
Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated. (269a)

REQUISITES FOR LEGITIMATION
1. The child was conceived and born outside of

wedlock; (Art. 177) 2. The parents at the time of child¶s conception were not disqualified by any impediment to marry each other. (Art. 177) 3. There is a valid marriage subsequent to the child¶s birth. (Art. 178)

Art. 178. Legitimation shall take place by a 178. subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation.

Effects of Legitimation
1. Legitimated children shall enjoy the same rights as legitimate children. (Art. 179) (Art. 2. Retroact to the time of the child's birth. (Art. 180)

Art. 181. The legitimation of children who 181. died before the celebration of the marriage shall benefit their descendants. (274)

Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights, within five years from the time their cause of action accrues. (275a)

RA 9255
An Act Allowing Illegimate Children to Use the Surname of their Father, Amending for the Purpose Article 176 of Executive Order No. 209, Otherwise Known as the ³Family Code of the Philippines.  

Signed into law by President Arroyo on February 24, 2004 and took effect on March 19, 2004, fifteen days after its publication in the Manila Times and Malaya. The Implementing Rules and Regulations (IRR) was approved on May 18, 2004 and took effect on June 24, 2004, fifteen days after its publication in the Manila Times.

SCOPE OF RA 9255
This law applies to all illegitimate children born before or after the effectivity of RA 9255. This includes: 


Unregistered births; and Registered births where the illegitimate children use the surname of the mother

REQUIREMENTS
The Requirement may be either in a public document or in a private handwritten instrument executed by the Father. Specifically these are the affidavits found at the back of the Certificate of Live Birth (COLB), a separate public document or the Affidavit to Use the Surname of the Father (AUSF); and a private handwritten instrument executed and duly signed by the father expressly recognizing paternity to the child.

AFFIDAVIT to USE the SURNAME of the FATHER (AUSF)
Is used in cases where recognition is made through a private handwritten instrument, or when the birth has already been registered under the mother¶s surname with or without the father¶s recognition.

For private handwritten instruments, other documents are required to be submitted to support the claim made. In particular, submission of any two of the following are needed: 
    

Employment records; SSS/GSIS records; Insurance; Certification of membership in any organization Statement of Assets and Liabilities; or Income Tax Return (ITR)

CONSENT OF THE CHILD IS NECESSARY, IF THE CHILD IS EIGHTEEN (18) YEARS OLD OR MORE AT THE TIME OF RECOGNITION.

WHO MAY FILE?
The Father; mother, the child, if legal age, or the guardian may file the public document or the AUSF in order for the child to use the surname of the father.

WHERE TO FILE?
If the child was born in the Philippines and the document or the AUSF was executed in the Philippines, the public document or the AUSF shall be registered at the Local Civil Registry Office (LCRO) of the place where the child was born. If the child was born in the Philippines ad the public document or the AUSF was executed outside the Philippines, the public document or the AUSF shall be registered at the LCRO of Manila.

WHERE TO FILE?
If the child was born outside the Philippines and the public document or the AUSF was executed in or outside the Philippines, the public document or the AUSF shall be registered at the LCRO of Manila

AFTER THE REGISTRATION OF THE PUBLIC DOCUMENT OR THE AUSF, THE LCRO OF THE PLACE OF BIRTH SHALL ANNOTATE THE RECORD OF BIRTH AND THE APPROPRIATE ENTRY IN THE REGISTRY BOOK. FOR BIRTHS WHICH OCCURRED IN THE PHILIPPINES, THE ANNOTATION OF THE RECORD OF BIRTHS SHALL BE DONE BY THE OCRG.

WHEN SHOULD THE PUBLIC DOCUMENT OR THE AUSF BE FILED?
Recognition or acknowledgment made in a public document other than the record of birth or the AUSF shall be registered within 20 days from the date of execution.

Can an illegitimate child whose mother is below 18 years old when he/she was born use the surname of his/her father pursuant to RA 9255?

YES, provided that the father of the child has admitted paternity to the child.

For registered births, can the original surname of the child in the Certificate of Live Birth be changed or corrected after availing of RA 9255?
NO, No entry in the Certificate of Live Birth shall be changed or corrected. Only annotations shall be written in the Certificate of Live Birth indicating the surname that the child shall use.

For births yet to be registered, can the child automatically use the surname of the his/her father?

Yes, provided that the father executes an Affidavit of Admission of Paternity at the time of registration.

For births yet to be registered, can the child automatically use the surname of the his/her father?
Yes, provided that the father executes an Affidavit of Admission of Paternity at the time of registration.

How can we secure a copy of the annotated document from the OCRG?
‡ Copies of annotated documents which underwent RA 9255 can be secured at the OCRG after submission of the following documents: ‡ Certified copy of the original Certificate of Live Birth (no annotation) ‡ Copy of the annotated document ‡ Certified copy of the public document and AUSF or private handwritten instrument and AUSF, together with the supporting documents and consent of the child, if eighteen (18) years old or over.

HOW MUCH IS THE PROCESSING FEE?
Processing Fee is Php P140.00 per copy.

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