[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
