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Persons & Family Relations > [Finals] - Recit Ready Deck > Flashcards

[Finals] - Recit Ready Deck Flashcards

1
Q

🟢FAMILY HOME🟢

what is the family home?

A

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

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2
Q

WHO constitutes a family home?

A
  1. H&W **jointly
  2. unmarried head otf
  3. any of the beneficiaries
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3
Q

WHO are the beneficiaries of the FH?

A
  1. H&W [or] unmarried head of the family
  2. 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
  3. 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.

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4
Q

To be a beneficiary, other than H&W or UHotf, the ff: requisites must concur

A
  1. Must be among the relationships enumerated in Art. 154 FC
  2. They live in the FH
    - characterized by permanency
  3. They are dependent for legal support upon the [HEAD] of the family

c.f. Art. 199

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5
Q

when 2 or more persons are obliged to give support, the liability shall devolve upon the ff: persons

Art. 199

A

Whenever two or more persons are obliged to give support, the liability shall devolve (pass) upon the ff: persons IN THE ORDER herein provided;

  1. the spouses
  2. Descendants** in the nearest degree
  3. Ascendants in the nearest degree
  4. 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.

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6
Q

Is a grandson living in the FH of his grandparents (headed by grandparents) a beneficiary while his father is alive?

A

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

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7
Q

HOW is a FH consituted?

A

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

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8
Q

Distinction between FH in the FC & CC

A

FC
- mere occupancy is sufficient to constitute FH

CC
- judicial or extra-judicial constitution is indispensable to constitute a FH

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9
Q

What becomes of the status of the H&L occupied at the time of the CC and after the effectivity of the FC?

A

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

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10
Q

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?

A

No, occupancy must be actual and not constructive such that a maid, houseboy, or driver is not enough.

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11
Q

Kinds Ownership of the FH

A
  1. PART of the ACP [or] CPG
  2. an EXCLUSIVE property of either spouse w/ latter’s consent
  3. property of an UHoft
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12
Q

Marlon & Mian has a studio unit good for one year. Within that period of 1 year, will the unit be considered a FH?

A

No, a FH cannot be constituted on rented property as it negates the element of permanency

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13
Q

Marlon & Mian on installment basis bought a home in Davao. Is this a FH home?

A

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

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14
Q

Limitation on the value of the FH

At what point do we reckon the value?

A

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

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15
Q

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

A

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

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16
Q

GR: FH exempt from attachment, forced sale, execution

XPN

A
  1. for non-payment of taxes
  2. debts incurred PRIOR to the constitution of the FH
  3. debts secured by mortgages on the FH before or after constitution
  4. debts due to [lammb] laboreres, architects, mechanics, materialmen, builders who have render service for the construction of the FH
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17
Q

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?

A

No, the exception refers to the time the debt was incurred and not on final judgment or any other event.

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18
Q

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?

A
  • if debt before FH [&] before FC effective & no extra-judicial/judicial act, then not protected
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19
Q

Debt falls under the exception (art. 155), what is the effect of the FH sold?

A

the entire value of the FH will be used to pay off the creditor’s claim without leaving any for the family

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20
Q

compare Art. 155 (XPN) to Art. 160 (exceeds)

[B] how is the sale to be applied?

A
  1. By application of the Creditor obtaining judgment in his favor, and
  2. has **reasonable grounds FH is worth more than maximum amount fixed
  3. 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

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21
Q

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

A

[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

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22
Q

Requisites for Article 160 to apply;

A
  1. there was an increase in its actual value
  2. 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

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23
Q

Persons whose consent is necessary for the disposition of the FH (158)

A

WRITTEN consent of;

  1. person constituting the FH
  2. spouse of the person constituting the FH
  3. Majority of the beneficiaries of legal age
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24
Q

Effect if FH is disposed without all the consent

GR
XPN

A

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.

XPN:
Disposition of FH under an ACP/CPG without consent of the spouse thus VOID

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25
Q

Effect of Death of the Owner of the FH

A

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

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26
Q

WHAT is the rule on the Prohibition Against Partition?

A

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

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27
Q

🟢 SUPPORT 🟢

what compromises support?

A

ctsmed

Support compromises everything INDISPENSABLE for clothing, transportation, sustenance, medical attendance, education, & dwelling

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28
Q

Persons obliged to support each other (Art. 195)

A

the ff: are bound to support each other

  1. the spouses
  2. legitimate ascendants & descendants
  3. parents & their legitimate children and the legitimate & illegitimate children of the latter
  4. parents & their ILlegitimate children & their legitimate & illegitimate children of the latter
  5. legitimate B & S, whether full or half-blood
  6. B&S NOT legitimately related whether full or half-blood
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29
Q

6 > What is the exception to B&S not legitimately related whether full or half are not bound to support each other

A
  1. they are illegitimate B&S
  2. one demanding support is of legal age
  3. reason for his need for support is his own negligence/fault
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30
Q

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;

A

only the SEPARATE property shall be answerable

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31
Q

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

A

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

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32
Q
  1. spouses
  2. descendants in the nearest degree
  3. ascendants in the nearest degree
  4. brothers & sisters

how is support to be divided when 2 or more are obligated to give in the same level?

when will it devolve?

A

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

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33
Q

Pa dies & is survived by Mama. Luke & Martin are professionals and children of Ma & Pa

who can Mama ask support to?

A

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

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34
Q

Order of Preference when 2 or More recipients claims support at the same time

A

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

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35
Q

WHEN support demandable

A
  1. the time the need for maintenance arises, and
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36
Q

WHEN support payable?

can one compel support in arrears?

A
  1. from date of judicial or extra-judicial demand.
  2. Without such, a person is not compelled to pay support in arrears as no demand amounts to waiver of support by not demanding
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37
Q

Person obliged to give support shall have the options to fulfill obligation for support;

A
  1. by paying allowance fixed
  2. 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.

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38
Q

Basis of how much the amount of support will be given? (Art. 201)

A

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.

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39
Q

🟢 PATERNITY & FILIATION 🟢

what is the concept of paternity & filiation ?

A

refer to the relationship that exists between parents & their children

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40
Q

distinguish “paternity” & “Filiation”

A

Paternity (maternity)
- civil status of the father (mother) to the child

Filiation
- civil status of the child to the father

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41
Q

who are legitimate children

A
  1. children Conceived [or] Born DURING the marriage of the parents
  2. children C/B BEFORE finality of;
    - judgment of annulment
    - DANM on the ground of Art. 36
  3. Children C/B of the 2nd marriage under Art. 53
  4. Children conceived as a result of Artificial Insemination (AI) provided AI authorized in a written instrument
  5. Children C/B DURING valid marriage to a wife by another man are [PRESUMED] legitimate children of the H&W (**Concepcion v . CA)
  6. Adopted children
  7. Legitimated children
  8. 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
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42
Q

What is Presumption of Legitimacy?

A

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

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43
Q

who are ILLEGITIMATE children

A
  1. children C [AND] B without benefit of marriage, subject to legitimation
  2. Children C&B inside a void marriage, except;
  • void under Art. 36
  • void under Art. 53
  1. 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
44
Q
A
45
Q

⚠️Grounds for Impugning Legitimacy ⚠️ (Art. 166)

A
  1. 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
  1. 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.
  2. 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
46
Q

PARTY who can impugn legitimacy

A
  1. Husband
  2. 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

47
Q

PRESCRIPTIVE PERIOD for Impugning Legitimacy

A

Art. 170. Action to impugn the legitimacy of the child shall be brought:

  1. 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

  1. 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
  2. three (3) years if abroad
  3. 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
48
Q

In an action for partition, the legitimacy of A was impugned by Z.

Is the action tenable?

A

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)

49
Q

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?

A

The child born out of adultery is presumed to be legitimate subject to the husband impugning its legitimacy

50
Q

Discuss the case of Jinkie & Jacqueline De Jesus v. Estate of Juan Dizon

A

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

51
Q

Discuss the case of Teofista Babiera v. Presentacion Catotal

A

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

  1. No personality to question because only the father/heirs can do so
  2. action to cancel birth certificate amounts to a collateral attack which is prohibited
  3. 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

52
Q

Discuss the case of ⚠️Violeta Cabatbat Lim v. CA⚠️

A

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

53
Q

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

[a]
action to compel recognition of legitimate filiation

[b]
action to compel recognition of being illegitimate

54
Q

Proof of Filiation of Legitimate Children

A

[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

  1. Open & Continuous possession of the status of legitimate child
  2. Any other means allowed by the RoC [and} Special Laws
  3. DNA test results
55
Q

Person presents his birth certificate showing that he is the legitimate child of the deceased depositor

Is the proof of filiation sufficient?

A

Yes, this proof of filiation is sufficient

56
Q

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?

A

No, if there is a dispute as to the status of being a legitimate child of a deceased parent, this will require court action.

57
Q

in relation to the putative father, how can a BC establish paternity?

A

For a BC to establish paternity it must EITHER

  1. be signed by the putative father, or
  2. 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)
58
Q

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?

A

No, it does not fall under par. 3 nor any kind of primary evidence or proof of legitimate filiation

59
Q

primary > 3 > hand written private document

when is signature of the parent indispensable?

PHI - private handwritten instrument

A

[Signature Indispensable]
- where the PHI is the lone piece of evidence submitted to prove filiation,

[Signature Corroborative]
- accompanied by other relevant & competent evidence,

60
Q

Secondary > 1 > Open & Continuous Possession of Status of Legitimacy

what actions do these refer to?

A

Child living together with the putative parent
for a considerable amount of time

Child regularly supported by the putative parent

61
Q

Secondary > 2 > Other means based on Law

Examples of Evidence under the Rules of Court & Special Laws?

A
  1. 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
  1. 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
62
Q

Secondary > 3: DNA test results

if DNA test result is
1. negative
2. less than 99.9
3. more than 99.9

A
  1. non-paternity
  2. corroborative evidence of paternity
  3. disputable presumption of paternity
63
Q

(1) Similarities & Differences between

Action to claim legitimacy
Action to claim illegitimacy

A

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

64
Q

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?

A

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

65
Q

RIGHTS OF LEGITIMATE CHILDREN

A
  1. bear the surname of the father & mother,
  2. to receive support from their parents, their ascendants, in proper case, their brothers & sisters
  3. to be entitled to the legitime & other successional rights
66
Q

Rights of Illegitimate Children

A
  1. Use of surname of their mother
  2. 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
  3. To be under the parental authority of their MOTHER
  4. Entitled to support in conformity w/ the FC
  5. Entitled to their legitime
67
Q

since I.C. are required under law to use the surname of their mother,

What is the rule on Middle Name for Illegitimate Children?

A

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

68
Q

insofar as surnames are concerned, Discuss the case of Grande v. Antonio 2014

A

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

69
Q

LEGITIMATED CHILDREN

what are they?

A

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
70
Q

Requisites of Legitimation

A
  1. Child conceived [and] born OUTSIDE a valid marriage
  2. At conception, his parents were not disqualified by any impediment to marry or the disqualification was because either or both parents were below 18
  3. Said parents subsequently entered into a valid marriage
71
Q

Rights of Legitimated Children

A
  1. bear surname of father & mother
  2. receive support from their parents, their ascendants, proper case, their brothers and sisters
  3. entitled to legitime & other successional rights
72
Q

Retroactive Effect of Legitimation

A

Shall retroact from the time of the child’s BIRTH

73
Q

Effects of Death of Child (now adult and married) BEFORE celebration of marriage of parents

A

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

74
Q

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?

A

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

  1. 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

75
Q

There are person allowed by law to question/challenge the legitimation of an illegitimate child.

who are these persons who can Impugn Legitimation

A

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.

76
Q

🟢 PATERNAL AUTHORITY & CUSTODY OF MINOR CHILDREN 🟢

what is parental authority

A

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
77
Q

who can exercise PA? (parental authority)

A

GR: joint parental authority applying only to married parents [and] legitimate children

XPN:
Substitute Parental Authority
Special Parental Authority

78
Q

Remedy of the Mother and/or the legitimate child in case of disagreement with father

A

Remedy is to go to court on the grounds that the decision of the father exercising PA is [sis] serious, important, and substantial

79
Q

Rule in case of Absence [or] Death of EITHER parent/parental authority

A
  1. death or absence does NOT terminate the PA of the present/surviving parent over the minor child
  2. neither will remarriage of the surviving spouse terminate the PA unless the court appoints another person to be guardian
80
Q

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?

A

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

81
Q

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

A

PA over shall be exercised by the parent designated by the court

  1. choice of the child rule; court takes consideration between who to appoint to exercise PA
  2. 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

82
Q

Discuss the Case of Masbate v. Relucio

A

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

83
Q

What consists of compelling reasons?

Instances Constituting Compelling Reasons

A
  • 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

84
Q

can the illegitimate FATHER exercises PA over an MIC (minor illegitimate child0 below 7 years old?

A

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)

85
Q

Rule in case of [dadu] death, absence, default, or unsuitability of the parent [or] GUARDIAN appointed (Art. 216)

who gets to exercise the same?

A

Substitute Parental Authority which shall be exercised by (in accordance of order of preference):

  1. surviving grandparents
  2. oldest B/S over 21 unless unfit//disqualified
  3. child’s actual custodian over 21 unless unfit/disqualified
  4. Illegitimate Father, in cases of Illegitimate Children (Masbate v. Relucio)
86
Q

Discuss the case of Masbate v. Relucio

A

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

87
Q

Effects of PA (Art. 220)

Parents & those exercising SubPA shall have with the respect to their *unemancipated children onwards the following rights & duties:

A
  1. keep them in company xxx
  2. love & affection xxx
  3. guidance xxx
  4. education xx
  5. represent them xxx
  6. demand respect xxx
  7. impose discipline xxx
  8. other duties impsed by law
88
Q

TERMINATION OF PA

A
  1. Permanent Termination (Art. 228)
    - upon death
    - upon death of child
    - upon emancipation of the child
  2. 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
89
Q

SUSPENSION of PA

34251

A
  1. conviction of a crime carrying civil interdiction
  2. treating the child w/ excessive harshness/cruelty
  3. giving the child Corrupting Orders/Example
  4. compelling the child to beg
  5. subjecting/allowing child to be subjected of acts of lasciviousness
90
Q

🟢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

A

Principle of Vicarious Liability

or the Doctrine of Imputed Negligence

91
Q

who are these persons under SubPA?

A

Substitute Parental Authority which shall be exercised by (in accordance of order of preference):

  1. surviving grandparents
  2. oldest B/S over 21 unless unfit//disqualified
  3. child’s actual custodian over 21 unless unfit/disqualified
  4. Illegitimate Father, in cases of Illegitimate Children (Masbate v. Relucio)
92
Q

When does quasi-delict apply?

A

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

93
Q

Who are vicariously liable for the quasi-delict committed by a minor?

A
  1. Persons exercising PA or SubPA (216, 221, FC)
  2. Persons exercising SpecPA (218,219)
94
Q

who exercises PA?

  1. child is legitimate and parents living together
  2. child is legitimate and parents separated
  3. illegitimate child
A
  1. both parents
  2. parent designated by court
  3. Mother
95
Q

If the father of an illegitimate child has actual custody of the child, may he exercise SubPA?

A

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

96
Q

Discuss the case of Tamargo v. CA

A

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

97
Q

Requisites for Liability to attach to persons exercising SUBSTITUTED parental authority

A
  1. Unemancipated child (18-20 for purposes of Art. 2180)
  2. UC is living in the company [and] under the PA of the persons vicariously liable
  3. Act is the proximate cause of the damage
98
Q

what is the nature of liability in imputed negligence in SubPA or parents?

A

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.”

99
Q

is the child solidarily liable with the parents or ones exercising SubPA?

A

Yes, Araneta v. Arreglado the child is solidary liable

SC ruled consistent with Art. 2194 of the CC

100
Q

Remedy if the child has no parents

A

child answerable with his own property where a guardian ad litem shall be appointed

101
Q

defense available for parents or SubSPA when person in their control, supervision, or authority commits a quasi-delict

A
  • observed diligence of a good father of a family to prevent damage
102
Q

Requisites for Liability to attach to persons exercising SPECIAL parental authority

A
  1. 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,
  1. proximate cause (St. Mary’s Academy c. Carpitanos)

then then responsibility of the school over the student continues

103
Q

[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

[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 (??)

104
Q

Discuss the foundational Basis of Liability for persons exercising SpecPA through the case of Palisoc v. Brillantes

A

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

105
Q

Discuss the requisite for SpecPA to be liable through the case of Amadora v. CA

A

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

106
Q

discuss the case of St. Mary’s Academy v. Carpitanos

requisite for persons to be liable as SpecPA > requisite 2:

A

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.

107
Q

Distinction Bet. Art. 218, 219, 221 of the FC & 2180 of the NCC?

A

If child below 18: apply 218,9,21, FC

if above 18 below 21 - 2180 NCC apply

Persons & Family Relations (11 decks)

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