[Finals] - 7 topics Flashcards
🟢FAMILY HOME🟢
what is the family home?
FH is the;
- dwelling house where H&F reside, or
- unmarried head otf & their family reside, and
- land on which it is situated (Art. 152)
otf - of the family
WHO constitutes a family home?
- H&W **jointly
- unmarried head otf
- any of the beneficiaries
WHO are the beneficiaries of the FH?
- H&W [or] unmarried head of the family
- their, parents, ascendants, descendants, brothers and sisters whether the relationship be legitimate [or] Illegitimate who are living in the FH who DEPEND upon the HEAD of the family for legal support
- IN-LAWS where the FH is constituted jointly by H&F (Manacop v. CA)
note
In the Manacop case, the Supreme Court emphasized that in-laws, such as the parents of one of the spouses, do not automatically qualify as beneficiaries of the family home. For them to be considered part of the “family,” they must be financially dependent on the family residing in the home.
To be a beneficiary, other than H&W or UHotf, the ff: requisites must concur
- Must be among the relationships enumerated in Art. 154 FC
- They live in the FH
- characterized by permanency - They are dependent for legal support upon the [HEAD] of the family
c.f. Art. 199
when 2 or more persons are obliged to give support, the liability shall devolve upon the ff: persons
Art. 199
Whenever two or more persons are obliged to give support, the liability shall devolve (pass) upon the ff: persons IN THE ORDER herein provided;
- the spouses
- Descendants** in the nearest degree
- Ascendants in the nearest degree
- brothers & sisters
Practical Scenario
• If Juan is in financial need and is married, he must first seek support from his wife.
• If his wife cannot provide support (e.g., due to financial incapacity or other valid reasons), Juan can then turn to his children.
• If Juan has no children or they cannot provide support, he can seek it from his parents.
• Only if Juan’s spouse, children, and parents are unable or unavailable to support him, can he then ask for support from his siblings.
Is a grandson living in the FH of his grandparents (headed by grandparents) a beneficiary while his father is alive?
No, while he is living there, he is not dependent for support on the grandparent but dependent on support of his father (Patricio v. Dario III) 2006
HOW is a FH consituted?
under the FC, a FH is deemed constituted on a house & lot from the time it is ACTUALLY OCCUPIED as a family residence
so if H&F [or] UHotf [or] beneficiaries ACTUALLY RESIDE in the H&L, a FH is deemed constituted
From its constitution and until a beneficiary actually resides there, the FH continues to exist & be protected by law
Distinction between FH in the FC & CC
FC
- mere occupancy is sufficient to constitute FH
CC
- judicial or extra-judicial constitution is indispensable to constitute a FH
What becomes of the status of the H&L occupied at the time of the CC and after the effectivity of the FC?
H&L occupied by family but not judicially or extra-judicially constituted is deemed a FH upon effectivity of the FC on August 3, 1988
A & B bought newly bought home in Cebu through a loan but had not resided in it. They left abroad and the obligation fell due. In order to protect their newly bought home, they ask a helper/maid to reside in it so it constitutes a family home.
Will this action be tenable?
No, occupancy must be actual and not constructive such that a maid, houseboy, or driver is not enough.
Kinds Ownership of the FH
- PART of the ACP [or] CPG
- an EXCLUSIVE property of either spouse w/ latter’s consent
- property of an UHoft
Marlon & Mian has a studio unit good for one year. Within that period of 1 year, will the unit be considered a FH?
No, a FH cannot be constituted on rented property as it negates the element of permanency
Marlon & Mian on installment basis bought a home in Davao. Is this a FH home?
Yes, a FH constituted on a property subject of a conditional sale where ownership is reserved by the vendor only to guarantee payment of the purchase price is deemed a FH
Limitation on the value of the FH
At what point do we reckon the value?
ACTUAL value of the FH, at the time of its constitution, shall NOT EXCEED the amount of;
300k in urban areas
200k in rural areas
LB: 157
AFTER constitution, if value of H&L increased due to improvements or renovations to an amount: MORE THAN FIXED BY LAW at the time of constitution,
what is the effect of this to the FH
H&L shall remain a FH (therefore protected against creditors)
Spip
- can now be attached
- the 200/300k will be given to the family and the value exceeding is what is to be sold
GR: FH exempt from attachment, forced sale, execution
XPN
- for non-payment of taxes
- debts incurred PRIOR to the constitution of the FH
- debts secured by mortgages on the FH before or after constitution
- debts due to [lammb] laboreres, architects, mechanics, materialmen, builders who have render service for the construction of the FH
XPN to attachment of FH > The debt incurred prior to constitution of FH
A obtained a loan in 2020 which fell due on 2021
A constituted a FH with B on 2022
C sued A attaching his FH
A argues that the final judgment was after constitution so his FH is exempt
is this tenable?
No, the exception refers to the time the debt was incurred and not on final judgment or any other event.
XPN to attachment of FH > The debt incurred prior to constitution of FH
- H&L was occupied before August 3, 1988 with no judicial or extrajudicial act to constitute as FH.
- debt incurred in the amount of 500k on 1987
on 2000 when obligation fell due, A argues that the H&L constituted a FH because of the effectivity of the FH.
Tenable?
- if debt before FH [&] before FC effective & no extra-judicial/judicial act, then not protected
Debt falls under the exception (art. 155), what is the effect of the FH sold?
the entire value of the FH will be used to pay off the creditor’s claim without leaving any for the family
compare Art. 155 (XPN) to Art. 160 (exceeds due to voluntary)
(a) — what is the process for Creditor
[B] how is the sale to be applied?
- By application of the Creditor obtaining judgment in his favor, and
- has **reasonable grounds FH is worth more than maximum amount fixed
- he may apply to that court for an order directing the sale of property under execution
provided that;
- the amount exceeds maximum amount allowed, and
- results from voluntary improvements introduced
[b]
1. proceeds first applied to amount of FH, and then
2. liabilities under the judgment and costs
3. excess delivered to judgment debtor
how is the proceeds to be distributed
[1]
- FH at constitution: 300k
- debt incurred BEFORE constitution worth 500k
[2]
- FH at constitution: 300k
- FH 10 years after: 1M
- debt incurred is 1M
[1]
Applying Article 155, the entire proceeds of the sale of the FH will be given to the creditor
[2]
Applying Art. 160, 300k to the beneficiaries and the remaining 700k to the creditors
Requisites for Article 160 to apply;
- there was an increase in its actual value
- the increase in value resulted from voluntary improvements introduced by the person constituting it,
TN: involuntary improvements will continue the protection of the FH still
Persons whose consent is necessary for the disposition of the FH (158)
WRITTEN consent of;
- person constituting the FH
- spouse of the person constituting the FH
- Majority of the beneficiaries of legal age
Effect if FH is disposed without all the consent
GR (Rabuya)
GR (Atty. T)
XPN
GR: Art. 158 is silent however the alienation in excess of the value is valid but void for the 300k (Rabuya)
- FH worth 300k, disposed for 500k. The 200k is valid while 300k is void.
GR (T): UNENFORCEABLE it is akin to sale without authority therefore it is unenforceable because you cannot transfer ownership in a void transaction
XPN:
Disposition of FH under an ACP/CPG without consent of the spouse thus VOID
Effect of Death of the Owner of the FH
FH shall continue to be protected despite the death of one or both of the spouses, UHotf for
- 10 years, or
- or longer as long as there is a minor beneficiary
unless court finds compelling reasons
WHAT is the rule on the Prohibition Against Partition?
The prohibition on partition depends on how the partition is done
[EXTRA-JUDICIALLY]
- prohibited for 10 years
- or longer if there is a minor beneficiary
[JUDICIALLY]
- same prohibition EXCEPT if the court finds compelling reason to order the partition
🟢 SUPPORT 🟢
what compromises support?
ctsmed
Support compromises everything INDISPENSABLE for clothing, transportation, sustenance, medical attendance, education, & dwelling
Persons obliged to support each other (Art. 195)
the ff: are bound to support each other
- the spouses
- legitimate ascendants & descendants
- parents & their legitimate children and the legitimate & illegitimate children of the latter
- parents & their ILlegitimate children & their legitimate & illegitimate children of the latter
- legitimate B & S, whether full or half-blood
- B&S NOT legitimately related whether full or half-blood
6 > What is the exception to B&S not legitimately related whether full or half are not bound to support each other
- they are illegitimate B&S
- one demanding support is of legal age
- reason for his need for support is his own negligence/fault
2 & 5 > distinction between the other persons obliged to give support
(2) Legitimate ascendants and descendants;
(5) Legitimate brothers and sisters, whether of full or half-blood;
only the SEPARATE property shall be answerable
2 & 5 >
(2) Legitimate ascendants and descendants;
(5) Legitimate brothers and sisters, whether of full or half-blood;
in case the separate property is insufficient
the ACP/CPG shall advance the support[ARM] which shall be deducted from the share of the spouse obliged during the liquidation of the ACP/CPG
- spouses
- descendants in the nearest degree
- ascendants in the nearest degree
- brothers & sisters
how is support to be divided when 2 or more are obligated to give in the same level?
when will it devolve?
the payment of support shall be divided between them in proportion to the resources of each
only upon DEATH [or] INCAPACITY will the obligation to support devolve to the next
Pa dies & is survived by Mama. Luke & Martin are professionals and children of Ma & Pa
who can Mama ask support to?
Both Luke & Martin (descendants nearest degree) as they are in the same line or order. They shall divide between themselves in proportion to their resources
Order of Preference when 2 or More recipients claims support at the same time
The order of preference is
GR:
1. the spouse
2. the descendants in nearest degree
3. ascendants in nearest degree
4. brothers & sisters
XPN:
between Spouse [and] child subject to parental authority, the child is prioritized
WHEN support demandable
- the time the need for maintenance arises, and
WHEN support payable?
can one compel support in arrears?
- from date of judicial or extra-judicial demand.
- Without such, a person is not compelled to pay support in arrears as no demand amounts to waiver of support by not demanding
Person obliged to give support shall have the options to fulfill obligation for support;
- by paying allowance fixed
- receiving & maintaining in the FH the person who has the right to receive support
XPN(2): in case there is a Moral or Legal obstacle thereto
Legal - illegitimate father does not have parental authority over the illegitimate child but solely on the mother.
Basis of how much the amount of support will be given? (Art. 201)
Shall be in proportion to the resources/means of the giver [and] to the necessities of the recipient
which is the exception of the rule on Immutability of Judgment where once judgement attains finality, it can no longer be altered.
🟢 PATERNITY & FILIATION 🟢
what is the concept of paternity & filiation ?
refer to the relationship that exists between parents & their children
distinguish “paternity” & “Filiation”
Paternity (maternity)
- civil status of the father (mother) to the child
Filiation
- civil status of the child to the father
who are legitimate children
- children Conceived [or] Born DURING the marriage of the parents
- children [C/B] BEFORE finality of;
- judgment of annulment
- DANM on the ground of Art. 36 - Children [C/B] of the subsequent (2nd) VALID marriage under Art. 41, provided C/B took place BEFORE recording of Affidavit of Reappearance of the absent spouse
- Children [C/B] of the 2nd marriage under Art. 53
- Children [C/B] DURING valid marriage to a wife by another man are [PRESUMED] legitimate children of the H&W (**Concepcion v . CA)
——————————————————-
Children conceived as a result of Artificial Insemination (AI) provided AI authorized in a written instrument
Adopted children
Legitimated children
What is Presumption of Legitimacy?
In the case of Concepcion v. CA
GR: any child C/B in a valid marriage to a wife & another man is presumed to be the legitimate child between the H&W
XPN: unless the Husband successfully impugns the child’s legitimacy with the effect that;
- child will become illegitimate to the wife
- child no relation to the husband
who are ILLEGITIMATE children
- children C [AND] B without benefit of marriage, subject to legitimation
- Children C&B inside a void marriage, except;
- void under Art. 36
- void under Art. 53
- Children C [or] B during valid marriage of the wife but fathered by a man other than husband, where husband successfully impugn the child’s legitimacy
⚠️Grounds for Impugning Legitimacy ⚠️ (Art. 166)
- It was PHYSICALLY IMPOSSIBLE of the husband to have sex w/ his wife w/in the first 120 days of the 300 days which immediately preceded (before) birth of the child because;
- physical incapacity of the husband to have sex with wife (IMPOTENT)
- fact that H&W were living separately in such a way that sex was not possible
- serious illness of the husband, which absolutely prevented sex
- That it is proved that for biological or other scientific reasons, the child could not have been that of the husband, except Art. 164 (2); A.I.
- In cases of children conceived through AI, the written authorization or written ratification of either parent was obtained through [mfvu] mistake, fraud, violence, intimidation, undue influence
PARTY who can impugn legitimacy
- Husband
- Husband’s heir if;
- husband dies BEFORE expiration of the period fixed to bring his action
- husband dies AFTER filing of the complaint & husband did not desist from the action
- If the child is born AFTER the death of the husband
XPN-XPN: wife of husband CANNOT impugn her own child
PRESCRIPTIVE PERIOD for Impugning Legitimacy
Art. 170. Action to impugn the legitimacy of the child shall be brought:
- within one (1) year from;
- the knowledge of birth, [or]
- its recording in the civil register,
if the husband/his heirs should reside in the city or municipality where the birth took place or was recorded
- if the husband [or], all of his heirs do NOT reside at the place of birth as defined in the 1st paragraph [or] it was recorded, the period shall be two (2) years if they should reside in the philippines
- three (3) years if abroad
- if the BIRTH of the child was;
- concealed, or
- unknown to the husband/his heirs, the period shall be counted FROM DISCOVERY/KNOWLEDGE of the birth of the child/fact of registration of said birth, whichever is earlier
In an action for partition, the legitimacy of A was impugned by Z.
Is the action tenable?
No, legitimacy canNOT be attack collaterally but only through a direct attack (Jinkie & Jacqueline de Jesus v. Estate of Juan Dizon)
Nor can it be collaterally attacked in a quieting of title action *Tison v. Dezoller)
Nor can it be collaterally attacked in a criminal proceeding (BBB v. AAA February 9, 2015)
A mother was found to be guilty of ADULTERY and a child is born out of that crime, what is the status of that child?
The child born out of adultery is presumed to be legitimate subject to the husband impugning its legitimacy
Discuss the case of Jinkie & Jacqueline De Jesus v. Estate of Juan Dizon
FACTS
- Danilo de Jesus and Carolina Aves de Jesus were legally married, and they had two children, Jinkie and Jacqueline
- Juan Dizon, not the husband of Carolina de Jesus, exexcuted a document where he acknowledge to be the illegitimate father
- The sisters wanted a share of the substantial properties as illegitimate daughters so they were impugning their own legitimacy in an action for partition (collateral attack) in spite of the valid marriage between Danilo & Carolina De Jesus.
SC ruled:
- persons who can impugn the legitimacy of a child are the father and his heirs in the exceptional cases
- legitimacy cannot be attacked collaterally
Discuss the case of Teofista Babiera v. Presentacion Catotal
Rules on Action to Impugn Legitimacy does NOT apply when the issue involves the paternity [AND] maternity
FACTS:
- housemaid forged a birth certificate making it appear that H&W gave birth to a certain Teofista Babiera
- the Spouses died and the legitimate daughter impugn the legitimacy of Teofista
- Teofist raised the following defenses
- No personality to question because only the father/heirs can do so
- action to cancel birth certificate amounts to a collateral attack which is prohibited
- period for impugning her legitimacy has prescribed
RULING:
Defenses invoked are only relevant an action to impugn legitimacy where only the paternity is the dispute. In this case, it was both parents
Discuss the case of ⚠️Violeta Cabatbat Lim v. CA⚠️
The Rules of Impugning Legitimacy applies ONLY to cases where a child’s legitimacy is being challenged as illegitimate however the case allegation revolves around her being an ampon (adopted child) thus the rules are not to be applied
FACTS
- Procesco & Esperanza Cabatbat adopted a certain Violeta
- Esperanza died
- Esperanza’s sisters filed an action to partition the estate & alleged that Violeta was not the biological child so she may not be an heir
- Violeta claimed to be a legitimate child
RULING:
SC did not apply the rules on impugning legitimacy
Action to Impugn the legitimacy of a child is a remedy for the husband.
In case a child’s legitimacy is denied by his parents, what is his remedy?
In case the child is illegitimate, how can he establish illegitimacy
[a]
action to compel recognition of legitimate filiation
[b]
action to compel recognition of being illegitimate
Proof of Filiation of Legitimate Children
[PRIMARY]
1. Record of Birth in the Civil Register
2. Final Judgment
2. admission of legitimate filiation in a public document [OR] a private handwritten instrument [and] signed by the parent concerned
[SECONDARY]; admissible only in absence of primary proof
- Open & Continuous possession of the status of legitimate child
- Any other means allowed by the RoC [and} Special Laws
- DNA test results
Person presents his birth certificate showing that he is the legitimate child of the deceased depositor
Is the proof of filiation sufficient?
Yes, this proof of filiation is sufficient
Person presents his birth certificate showing that he is the legitimate child of the deceased depositor however there is a pending dispute regarding the paternity.
Can the bank give?
No, if there is a dispute as to the status of being a legitimate child of a deceased parent, this will require court action.
in relation to the putative father, how can a BC establish paternity?
For a BC to establish paternity it must EITHER
- be signed by the putative father, or
- putative father had a hand in its preparation like when;
- provided the info entered (Ilano v. CA)
- caused registration of the BC (Arado v. Alcoran)
Primary > 3: admission of legitimate filiation in a public instrument or private written instrument & signed by the parent concerned
insofar as the private written document, will a TYPEWRITTEN suffice?
No, it does not fall under par. 3 nor any kind of primary evidence or proof of legitimate filiation
primary > 3 > hand written private document
when is signature of the parent indispensable?
PHI - private handwritten instrument
[Signature Indispensable]
- where the PHI is the lone piece of evidence submitted to prove filiation,
[Signature Corroborative]
- accompanied by other relevant & competent evidence,
Secondary > 1 > Open & Continuous Possession of Status of Legitimacy
what actions do these refer to?
Child living together with the putative parent
for a considerable amount of time
Child regularly supported by the putative parent
Secondary > 2 > Other means based on Law
Examples of Evidence under the Rules of Court & Special Laws?
- Acts or Declaration of Pedigree (R130, S41, RoE)
- relative testified deceased putative parent admitted you are il/legitimate/
2.Family reputation or **tradition regarding pedigree* (“x” S42)
- uncle testified he is the brother of your deceased putative father and uncle knows that you are his nephew because you are the child of his brother now deceased
- Common Reputation (“x” S43)
- a witness testify in court that he is a neighbor of your putative parent & for the longest time, it has been known in the community that you’re their child
Secondary > 3: DNA test results
if DNA test result is
1. negative
2. less than 99.9
3. more than 99.9
- non-paternity
- corroborative evidence of paternity
- disputable presumption of paternity
(1) Similarities & Differences between
Action to claim legitimacy
Action to claim illegitimacy
XPN JP
While both il/legitimate filiation allows the same kind of proof of evidence (primary/secondary) they vary in prescription
[Legitimate Filiation Prescription]
GR: filed while that child/adult is alive
XPN: when he dies during minority [or] state of insanity, the HEIRS may take his place w/in (5) years from death
- [child died in state of insanity], first step is to appoint guardian and the guardian can now initiate the action for legitimacy
[Illegitimate]
GR: during lifetime
XPN: if what is offered is secondary proof, it can ONLY be filed during the lifetime of the putative parent
XPN JP: Hilario v. Belloc — can establish illegitimate filiation even when dead
Tracy wishes to file an action to recognize her legitimacy however her father has already died. She only has secondary evidences
What is your advice?
Since this is an action for legitimacy, it is irrelevant whether or not the putative parent dies & it also does not bar the action with secondary evidences
in contrast if it were for an action of illegitimacy, while primary evidence can be used at the lifetime of the child, if what it is secondary, then it depends on the lifetime of the putative parent
RIGHTS OF LEGITIMATE CHILDREN
- bear the surname of the father & mother,
- to receive support from their parents, their ascendants, in proper case, their brothers & sisters
- to be entitled to the legitime & other successional rights
Rights of Illegitimate Children
- Use of surname of their mother
- Use of surname of father if their filiation has been expressly recognized by the father through the
- record of birth appearing,
- admission in a public document/PHI by the father - To be under the parental authority of their MOTHER
- Entitled to support in conformity w/ the FC
- Entitled to their legitime
since I.C. are required under law to use the surname of their mother,
What is the rule on Middle Name for Illegitimate Children?
GR: Illegitimate Children have NO middle name
XPN:
1. IC is legitimated by the subsequent marriage of her parents
2. acknowledged by the father in a public document/PHI
3. I.C. is adopted by her biological father
insofar as surnames are concerned, Discuss the case of Grande v. Antonio 2014
Recognition made by the illegitimate father in a record of birth, public instrument, or PHI gives the I.C. an option to use his illegitimate father’s surname but it is NEVER IMPOSED.
Not mandatory nor demandable
LEGITIMATED CHILDREN
what are they?
Children conceived [AND] born outside of wedlock of parents who,
- at the time of CONCEPTION, were NOT disqualified by any impediment to marry each other [or]
- disqualified by an impediment but ONLY BECAUSE either or both were below 18 y/o
Requisites of Legitimation
- Child conceived [and] born OUTSIDE a valid marriage
- At conception, his parents were not disqualified by any impediment to marry or the disqualification was because either or both parents were below 18
- Said parents subsequently entered into a valid marriage
Rights of Legitimated Children
- bear surname of father & mother
- receive support from their parents, their ascendants, proper case, their brothers and sisters
- entitled to legitime & other successional rights
Retroactive Effect of Legitimation
Shall retroact from the time of the child’s BIRTH
Effects of Death of Child (now adult and married) BEFORE celebration of marriage of parents
legitimation of children who died before the celebration of the marriage shall benefit their descendants
After his death & parents eventually got married, it will still produce legitimation. Hence a dead child will be considered legitimate.
Thus he is entitled to rights available to legitimate children and the benefit will accrue to their descendants
Effects of Death of Child BEFORE celebration of marriage of parents
If the parents of the deceased child also died AFTER the death of the legitimated child, what is the effect?
the descendant of the deceased legitimated child who died before the marriage of his parents shall be entitled to inherit from the deceased parents by right of representation
GPT
1. if IC dies before parents marry, they can still be legitimated retroactively after marriage of their parents
- if the parents of this deceased legitimated child later die, the deceased child’s own children inherit through representation because the deceased child is now considered legitimate from birth
ex.
- Mario & Maria are parents to IC, Luigi
- Luigi has 2 children: Marco & Sophia
- Luigi dies before his parents Mario & Maria marries
- Mario & Maria marries
- Mario & Maria dies after marrying
- Luigi, since legitimated has right to inherit but since he is dead, his children (Marco & Sophia) can inherit from Mario & Maria through right of representation
There are person allowed by law to question/challenge the legitimation of an illegitimate child.
who are these persons who can Impugn Legitimation
only by those who are prejudiced in their rights within (5) years from the time their cause of action accrues (that is, time of death of parents)
ex.
If child conceived & born illegitimate, the elevation of the status of that illegitimate child to legitimate will affect successional rights of the legitimate children.
🟢 PATERNAL AUTHORITY & CUSTODY OF MINOR CHILDREN 🟢
what is parental authority
involves a MASS OF RIGHTS & OBLIGATIONS which the law grants for the purpose of the children’s
- physical preservation & development
- cultivation of their intellect, and
- education of their hearts & senses
who can exercise PA? (parental authority)
GR: joint parental authority applying only to married parents [and] legitimate children
XPN:
Substitute Parental Authority
Special Parental Authority
Remedy of the Mother and/or the legitimate child in case of disagreement with father
Remedy is to go to court on the grounds that the decision of the father exercising PA is [sis] serious, important, and substantial
Rule in case of Absence [or] Death of EITHER parent/parental authority
- death or absence does NOT terminate the PA of the present/surviving parent over the minor child
- neither will remarriage of the surviving spouse terminate the PA unless the court appoints another person to be guardian
can a mother of a legitimate child while the father is not present exercise sole parental authority when in fact the law provides that it is joint?
Yes, in case where the father is absent like when he works abroad, the mother now has sole PA. His absence does not terminate the PA
A & B legally separated. who exercises PA over their LEGITIMATE child? (Art. 213)
[1] 7 years old above
[2] 7 years old below
[3] ILLEGITIMATE child
PA over shall be exercised by the parent designated by the court
- choice of the child rule; court takes consideration between who to appoint to exercise PA
- maternal preference rule: Mother exercises PA since child under (7) is not separated unless court finds compelling reasons
[3]
Only the Illegitimate Mother has PA over the I.C. and none on the Illegitimate father
Discuss the Case of Masbate v. Relucio
Maternal Preference Rule applies to both legitimate & ILLEGITIMATE (even when the mother is already the sole PA)
it is relevant during a “tie-breaker” if custody is contested between other potential GUARDIANS
What consists of compelling reasons?
Instances Constituting Compelling Reasons
- showing of positive & clear evidence of the unfitness of the mother
- sound determination/discretion of the court
[2] UHD AI MIAN
Unemployment
habitual drunkenness
drug addiction
abandonment
immorality
maltreatment
insanity
affliction of communicable disease
neglect
can the illegitimate FATHER exercises PA over an MIC (minor illegitimate child0 below 7 years old?
GR: No, I.F. has no PA over illegitimate child so has no right of custody of MIC
XPN: Yes, when the illegitimate mother is;
- dead [or] incapacitated to care & maintain the MIC
- person authorized to exercise substitute parental authority is dead/absent/incapacitated
(Masbate v. Relucio)
Rule in case of [dadu] death, absence, default, or unsuitability of the parent [or] GUARDIAN appointed (Art. 216)
who gets to exercise the same?
Substitute Parental Authority which shall be exercised by (in accordance of order of preference):
- surviving grandparents
- oldest B/S over 21 unless unfit//disqualified
- child’s actual custodian over 21 unless unfit/disqualified
- Illegitimate Father, in cases of Illegitimate Children (Masbate v. Relucio)
Discuss the case of Masbate v. Relucio
FACTS
- I.M. went to Manila to pursue education and left MIC (below 3) to her grandmother
- Eventually, the MIC was entrusted to the **custody of the I.F.
- child taken by grandmother upon instruction of the I.M. so the I.F. filed a petition for habeas corpus to regain custody of MIC
I.M. aruged
Art. 176 that the MIC is illegitimate thus PA, including custody, must be exercised by her only
RULING:
Art. 176 provides that I.M. is vested w/ PA over minor illegitimate child HOWEVER, in the context of substituted parental authority, since the father WAS THE ACTUAL CUSTODIAN of the MIC, the SC recognized the right of the I.F. to exercise PA & custody over the MIC applying rule on SubPA
IMO
- order of preference was not followed for SubPA because of the best interest of the child and the mother, grandmother were unfit making Relucio a viable custodian
Effects of PA (Art. 220)
Parents & those exercising SubPA shall have with the respect to their *unemancipated children onwards the following rights & duties:
- keep them in company xxx
- love & affection xxx
- guidance xxx
- education xx
- represent them xxx
- demand respect xxx
- impose discipline xxx
- other duties impsed by law
TERMINATION OF PA
- Permanent Termination (Art. 228)
- upon death
- upon death of child
- upon emancipation of the child - Non-Permanent Termination (aaaigf)
- upon adoption of the child
- upon appointment of general guardian
- upon judicial declaration of abandonment
- upon final judgment divesting party of PA
-upon judicial declaration of absence [or] incapacity of the person exercising PA
SUSPENSION of PA
34251
- conviction of a crime carrying civil interdiction
- treating the child w/ excessive harshness/cruelty
- giving the child Corrupting Orders/Example
- compelling the child to beg
- subjecting/allowing child to be subjected of acts of lasciviousness
🟢LIABILITY FOR QUASI-DELICT under Art. 218, 219, 221 of the FC 🟢
principle where liability for quasi-declit is enforceable not only for one’s own act but also for another person’s act over whom he exercises [csa] control, supervision, or authority
Principle of Vicarious Liability
or the Doctrine of Imputed Negligence
who are these persons under SubPA?
Substitute Parental Authority which shall be exercised by (in accordance of order of preference):
- surviving grandparents
- oldest B/S over 21 unless unfit//disqualified
- child’s actual custodian over 21 unless unfit/disqualified
- Illegitimate Father, in cases of Illegitimate Children (Masbate v. Relucio)
When does quasi-delict apply?
When there is no pre-existing contractual relation between the parties
however, in the case of Orient Freight Int. Inc. v Keihin-Everett Forwarding Comp, an act of negligence unrelated to the contractual obligations can give rise to liability under quasi-delict
Who are vicariously liable for the quasi-delict committed by a minor?
- Persons exercising PA or SubPA (216, 221, FC)
- Persons exercising SpecPA (218,219)
who exercises PA?
- child is legitimate and parents living together
- child is legitimate and parents separated
- illegitimate child
- both parents
- parent designated by court
- Mother
If the father of an illegitimate child has actual custody of the child, may he exercise SubPA?
Yes, as in the case of Masbate v. Relucio where the father exercises SubPA under Art. 214 as the child’ actual custodian over 21 y/o
Discuss the case of Tamargo v. CA
FACTS:
- Sps Rapisura adopted Bundoc.
- Bundoc shot & killed Tamargo
- Bundoc’s natural parents claim the adopting parents be liable.
- Bundoc was living with his natural parents
RULING:
The Natural Parents are liable because they had custody over the minor child
Parental liability = parental authority
Requisites for Liability to attach to persons exercising SUBSTITUTED parental authority
- Unemancipated child (18-20 for purposes of Art. 2180)
- UC is living in the company [and] under the PA of the persons vicariously liable
- Act is the proximate cause of the damage
what is the nature of liability in imputed negligence in SubPA or parents?
in the case of Libi v. IAC, a couple were both shot dead with a single gunshot wound
ruling: liability of parents for quasi-delicts of their MC is primary
applying Art. 2194, liability is solidary for joint tortfeasors (the minor child and the parents)
2194 ““The responsibility of two or more persons who are liable for quasi-delict is solidary.”
is the child solidarily liable with the parents or ones exercising SubPA?
Yes, Araneta v. Arreglado the child is solidary liable
SC ruled consistent with Art. 2194 of the CC
liability of children >
Remedy if the child has no parents
child answerable with his own property where a guardian ad litem shall be appointed
defense available for parents or SubSPA when person in their control, supervision, or authority commits a quasi-delict
- observed diligence of a good father of a family to prevent damage
Requisites for Liability to attach to persons exercising SPECIAL parental authority
- MC must be under the [sic] supervision, instruction, custody of the persons/entity exercising SpecPA
acts covered:
a. all authorized activities whether inside or outside of the premise of the school/institution
b. case of Amadora v. CA
- legitimate objective
- exercise of a legitimate student right
- and enjoyment of a legitimate student privilege,
- proximate cause (St. Mary’s Academy c. Carpitanos)
then then responsibility of the school over the student continues
[a] Nature of Liability of persons exercising SpecPA?
[b] in SpecPA, what is the liability of the parents over the MC?
[c] what is the liability of the MC in a SpecPA?
[a] principally & solidarily liable
principally - they are to be sued first and cannot pass it to anyone
solidarily - should there be 2 or more, they are liable as if they are one (teacher, school, etc)
[b]
SC ruled that parents in Sub & SpecPA in the case of Sps. Palisoc v. Brillantes is their liability is subsidiary
[c]
under JP, the MC is also liable SOLIDARILY with those exercising SpecPA (??)
Discuss the foundational Basis of Liability for persons exercising SpecPA through the case of Palisoc v. Brillantes
Pal & Daf were classmates & got into a fistfight where Pal stumbled, fell, and died
head of Manila Technical Institute (MTI) are liable jointly & severally for damages to Spouses Palisoc for the death of their son at the hands of Daffon
The basis of their liability is the principle of locus parentis (that’s why teachers are the “2nd parents”) which makes SpecPA liable to an extent when they exercise reasonable supervision over the conduct of the child
Discuss the requisite for SpecPA to be liable through the case of Amadora v. CA
In relation to requisites for liability to attach to persons exercising specPA, the minor child must be under the supervision, instruction, or custody of persons exercising specPA
Facts:
Amadora classmates with Damon in USJR few days before their graduation. Damon shot & killed Amadora.
School claimed that Amadora was no longer in their custody since the semester has ended
Ruling:
Custody is not synonymous with the semester; as long as it can be shown that the student is within the premises in pursuance of a;
- legitimate objective
- exercise of a legitimate student right
- and enjoyment of a legitimate student privilege,
then then responsibility of the school over the student continues whether the semester has ended or not
note: even while relaxing in campus w/ classmates or enjoying the ambiance of the atmosphere, he is still w/in custody
discuss the case of St. Mary’s Academy v. Carpitanos
requisite for persons to be liable as SpecPA > requisite 2:
insofar as liability of persons exercising SpecPA, specifically the act committed/ of omission considered as negligent was the proximate cause of the injury becase the negligence must have a causal connection to the accident
FACTS:
The school conducted an enrollment drive visiting other schools. James, 15 drove and resulted in the death of his classmate.
Investigator reported during trial that the steering wheel of the jeep detached
Ruling”
proximate cause of an injury is that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.
In this case, the parents of Sherwin failed to show that the proximate cause of the accident was the negligence of the school authorities. They admitted that the immediate cause of the accident was not the negligence of SMA or the reckless driving of James, but the detachment of the steering wheel guide of the jeep. Hence reliance on Art. 219, of the Family Code is unfounded.
Registered owner of any vehicle, even if not used for public service, would primarily be responsible to the public or to third persons for injuries caused the latter while the vehicle was being driven on the highways or streets.
Distinction Bet. Art. 218, 219, 221 of the FC & 2180 of the NCC?
If child below 18: apply 218,9,21, FC
if above 18 below 21 - 2180 NCC apply
🟢ADOPTION🟢
Domestic adoption (RA 11642)
v.
Inter-Country Adoption (RA 8043)
11642
- administrative in nature going to national authority for child care (NACC) not required to go to court to adopt
- proceeding undertaken in the PH for the Filipino child
- adopters residing in the Philippines
8043
- judicial
- process is taken abroad only that the child is Filipino
- adopters are foreigners [or] Filipinos permanently residing abroad
- only allowed if all efforts of domestic has failed.
note
process/proceeding - (petition for, trial custody, issuance/order of adoption)
how to initiate Intercountry adoption?
filing an application for adoption with the RACCO (Regional Alternative Child Care Office) [or] the accredited foreign agency who will supervise the proceedings/process
- NACC participation is minimal, in that,
- they examine supporting docs of applicant
- applicants possess all qualifications & no disqualifications - Upon verification of the NACC, the process will be taken to the foreign counterpart
TN:
- domestic & intercountry involve matching process (you dont get to choose kids)
- process/proceeding - (petition for, trial custody, issuance/order of adoption)
In what instance can adoption be predetermined or you can specify which child you can adopt?
Ex. you offer to adopt the child of your sister who cannot take care of it.
in your application for adoption, you will specify the child you will adopt
In a petition for domestic administrative adoption
WHO MAY ADOPT?
[1. FILIPINO citizen] who;
- at least 25
- at least 16 yrs older than adoptee
- possess full civil capacity & legal rights
- not convicted of any crime involving moral turpitude
[5. Foreign Nationals] who are permanent/habitual residents of Phil for at least 5 years possessing same qualifications prior to filing. PROVIDED they come from a country with diplomatic relations with RP [and] acknowledges the Cert of Adoption as valid and allow entry of the child
- good moral character & can model the same
- emo & psych capable of caring children
- in position to support & care adopted children
[2. legal guardian] with respect to the ward AFTER termination of guardianship & clearance of financial accountabilities.
[3. legal guardians] with respect to foster child
[4. Phil. Gov’t Officials & Ees deployed abroad] provided they bring the child with them
when can the at least 16 year older be waived?
- adopter is BIOLOGICAL parent of the adoptee, or
- spouse of the adoptee’s parent
minimum age in
domsetic
inter-country
25
27
Administrative Adoption > Who may adopt > Foreigners (?) > Wiaver of the Requirements of Residency
requirement of residency may be waived for the ff
- FORMER FILIPINO citizen, HABITUALLY residing in the Phil seeking to adopt a relative w/n 4th civil degree of consanguinity/affinity
- person adopting a legitimate child of the FILIPINO spouse
- person MARRIED to a FILIPINO citizen & seeks to adopt JOINTLY w/ the spouse a relative w/in 4th civil degree of C/A of the Filipino spouse
GR: spouses shall jointly adopt
XPN
- one seeks to adopt the legitimate child of the other
- one seeks to adopt his own illegitimate child; provided the other spouse has consented
- if spouses are LEGALLY separated from each other
note
1 - from previous marriage so no need for joint adoption
3 - de facto is not enough
WHO MAY BE ADOPTED?
- any child issued with a CDCLAA
- legitimate child of one spouse by the other
- illegitimate child by a qualified adopter to improve status of legitimacy
- FILIPINO OF LEGAL AGE, if prior adoption, said person has been consistently considered & treated by adopters as their own child for a period of at least 3 years
- a foster child
- child whose adoption has been previously rescinded
- child whose biological [or] adoptive parents have died; but no proceeding shall be initiated w/in 6 months from death of said parents
- a relative of the adopter
- Martin, a qualified adopter, decides to adopt his niece, 12-year-old Sophie, whose parents are unable to care for her due to extreme poverty.
whose consent is required for the adoption?
- adoptee (10>)
- biological parents
- legal guardian
- gov’t instrumentality
- legitimate children (10>)
- ILlegitimate IF under PA of the Ers
- already adopted children (10>)
- spouse of adopter
- spouse of adoptee
- adoptee, if 10 y/o or above
- biological parents if known, legal guardian, or proper gov’t instrumentality which has LEGAL CUSTODY of the child, [except] the adoptee is a filipino Legal Age
- legitimate & adopted children 10 or above of the adopters
- illegitimate children, 10 or over IF living with the adopter [or] whom adopter exercises PA [and] the SPOUSE if any
- Spouse of the person adopting or spouse of the adoptee
Remedies against the order of the NACC
- administrative recourse
- MR to NACC through executive director w/in (15) calendar days from an Order denying adoption
- judicial recourse
- Appeal Order of Adoption to the CA w/in (10) days from receipt of order [or] from denial of MR
EFFECTS OF ADOPTION
- [Benefits of Adoptive Parents]
- all the benefited entitled to biological parents from the date of the Order of Adoption was issued (Maternity & Paternity leaves);
PROVIDED, availed only within (1) year from issuance of order
PROVIDED FURTHER, leave benefits do NOT apply in case of
- adult adoptions [and]
- in ALL cases where adoptive child has been in the care & custody of the adoptive parents for at least (3) three years BEFORE issuance of Order of Adoption by NACC
- [Legitimacy]
- Ee shall be considered a legitimate child with all rights & obligations provided by law to without discrimination of any kind
- legitimate filiation BETWEEN Er & Ee shall extended to the Er’s parents, Er’s siblings, & Er’s LEGITIMATE descendants
- Er has the right to choose the name of the child, consistent with best interest of the child
- [Parental Authority]
- from issuance of OA (order of adoption), adoption shall cease as ALTERNATIVE CARE and become PARENTAL CARE.
- Ers shall have FULL PA over Ee
- all legal ties between bio parents and Ee shall be severed [exc] in cases where biological parent is the spouse of the Er,
- joint PA shall be exercised in case spouses jointly adopt or if one spouse adopts the legitime child of the other
- [Succession]
- Upon FINALITY of adoption which RETROACTS from Filing of Adoption,
- Er & Ee shall have reciprocal rights of succession in TESTATE & INTESTATE succession.
If the natural parent of the adoptive parent dies, will the adoptive child inherit ?
Generally, No there will be NO INTESTATE succession anymore since the relational ties has been legally severed unless the biological parents assign or executes testate succession or will naming their biological child as one.
You are adopted and you have an adoptive father and your father has a father thus, grandfather.
Your father died first and then later your grandfather died next,
Can you inherit? In what way?
Based on the previous law, I can no longer inherit because I am a stranger to the grandfather in this situation
However the law now expands the legal relationship with the family of my adoptive parents such that my father’s father is now my grandfather legally.
In this case, I can inherit by right of representation
adopted child Mike marries Maria and has 3 children, A, B, C.
Mike’s adoptive parent Ben has a father named Bretch.
Bretch is asking legal support from the children of Mike citing that there is recognized legal relationship due to Ben adopting Mike.
provided that order of support is correct, is his claim valid?
No, the expansion does not apply to the relatives to the child so the children of Mike are not the grandchildren of Ben’s father thereby no standing to ask for legal support.
A - HOW to and WHO can Rescind Administrative Adoption?
B - Where to File
C - Grounds for Rescission of Administrative Adoption
[A]
1. petition by the adoptee w/ NACC [or] w/ assistance of the SWDO if;
- Ee is a minor, or
- Ee is 18 y/o or over but is incapacitated,or
- by his guardian
on grounds committed by the Ers
[B] - RACCO where Ee resides
[C]
1. repeated physical or verbal maltreatment by Er despite having undergone counseling
- attempt on life of Ee
- abandonment & failure to comply w/ parental obligations
Since it is in the best interest of the child, the Er CANNOT rescind.
What remedy is available for the Er for erring Ees?
Disinherit the adoptee on grounds provided in Art. 919 of the NCC
EFFECTS OF RESCISSION
- if Ee still a child, NACC will regain legal custody; reciprocal obligation of Er and Ee is extinguished
- if biological parents can prove they can support the BIC (best interest of the child), they MAY petition NACC to restore PA over the child
- NACC orders CRG (civil registrar general) to cancel the amended birth certificate [and] restore original birth certificate of the Ee
- successional rights shall REVERT to its status PRIOR adoption from the time of the approval of petition for rescission of adoption. However, vested rights acquired BEFORE rescission shall be respected.
- foregoing effects of rescission shall be without prejudice to the penalties in the RPC
USE OF SURNAMES
May an illegitimate child, upon adoption by her natural father, use the surname of her natural mother as her middle name?
“Hence, there is no law prohibiting an illegitimate child adopted by her natural father to use as middle name her mother’s surname.”
LB: In the matter of the adoption of Stephanie Garcia
GR: illegitimate children shall bear the surname of the mother
1 — XPN:
2 — Is the use of the mother’s surname mandatory?
(1) Illegitimate children MAY use the surname of the father IF their filiation has been expressly recognized thru;
- record of birth appearing in the Civil Registrar, or
- public admission or PHI made by the father (Art. 176)
[2]
- No, it is discretionary on part of the child as ruled in the case of Torrefranca v. City Civil Registrar where SC ruled “just how the use of fahter’s surname is discretionary on the acknowledged illegitimate, so too, is the use of the use of his mother’s surname”
what can a married woman use as her surname?
she MAY use;
- her maiden first name [and] surname [and] add her husband’s surname (Diana Velasco-Gravador), or
- her MFN [and] her husband’s surname (Diana Gravador)
- Her husband’s full name [but] prefixing indicating she is the wife (**Mrs. Waldo Gravador)
EFFECT OF ANNULMENT OF MARRIAGE TO THE SURNAME OF A WOMAN
- if the wife is the guilty party, she SHALL resume her MFN & Surname
- if the wife is the innocent spouse, she MAY resume her MFN & Surname
The wife may choose to continue employing her former husband’s surname (if she was the innocent spouse)
unless;
- the court decrees otherwise, or
- she marries another [or] her former husband marries another
EFFECT OF LEGALLY SEPARATION TO THE SURNAME OF A WIFE
wife SHALL continue using her name & surname BEFORE L.S.
what is the rule of surname for WIDOWS
a widow may use the deceased husband’s surname as though he were still living as follows;
- her MFN & Surname & late husband’s surname, [OR]
- MFN & late husband’s surname
- Her late husband’s full name [but] prefixed indicating she is his wife “Mrs. Waldo Grava”
Additional Names & Surnames
In case of identity of names & surnames, the YOUNGER PERSON shall;
be obliged to use such additional name / surname as to avoid confusion
Additional Names & Surnames
In case of identity of names & surnames between ascendants & descendants, the word “Junior” shall only be used by a son
Grandsons and other direct male descendants shall either;
- add a middle name [or] mother’s surname, or
- add roman numerals II, III and so on
A walks to you asking legal advice on how to change his name. what is your advice?
GR & XPN & XPN-XPN
GR: (r103 & r108)
change of name can only be done through judicial order (Rule 103; Change of Name) [Rule 108 Cancellation/Correction of Entries of Entries in the Civil Registry]
XPN: (RA 10172)
the change in name may be changed through an administrative process
- clerical / typographical errors
- change in first name or nickname
- day & month in date of birth
- sex when patently clear that there was clerical / typographical error or mistake in entry
XPN-XPN (RA 10172)
Requires Judicial and not administrative
- status
- year of birth
- nationality
what is your advice to a person who needs to change a name, gender, and status simultaneously?
File a correction of entry under rule 108 judicially including name and gender
Suppose you are a person obliged to give support. What is your option if you don’t want to give the support?
What happens if the mother refuses because the mother insists that you pay the allowance? Can you now say that I choose the second option?
- take in the child and be the one to take care of the child
GR. option is given to person obliged to support so if the mother refuses without justification, you CANNOT be compelled to give allowance because you exercise your choice
XPN:
when there is moral or legal obstacle to exercise the 2nd, like if the child is illegigimate, then sole PA is the legitimate mother then that’s a moral or legal obstacle. you have to pay the allowance.
