Recitation Questions Flashcards
You constitute a FH in Bohol owned by your parents. In Cebu, they have property as well and it so happen that they frequent in Cebu more.
which is the FH?
can you change FH?
distinguish FH and domicile?
153
“The FH is deemed constituted on a H&L
Dean’s parents died and the siblings all agreed to sell and stay somewhere else.
will the extra-judicial partition prevent this since it provides for 10 years
10 year only applies when they do not agree! in this case, they all agreed so this is allowed.
are cousins considered beneficiaries in the family home?
No, not entitled & obligated to support each other SO they do not qualify as beneficiary
you work abroad bought residential home. you have your children and beneficiaries there
is this a family home?
yes, because a beneficiary is occupying it. it doesn’t have to be the owner
if the house is owned by the descendant/ascendant of your parents, or owned by the child, is that a FH?
except if the child is the unmarried head of the family,
that cannot constitute a FH beacuse a FH is
- part of the ACP, or
- part of the CPG
- exclusive property of either spouse with latter’s consent
- unmarried head of the family
Can there be different FH at different times?
GR: only one at a given time
when spouse sells their existing FH with consent of all beneficiaries, then construct another, that new house occupied is the new FH
Let’s say the property is now inherited and now under the state of co-ownership of the surviving spouse and the five children coowned and all of them are living in the same family home. But every day they are fighting
so they could not exist together in the same family home.
Allmost every day violent incidents take place that can be considered as a compelling reason to justify the court in allowing the partition of the family home earlier than 10
years
a - can you partition even when 10 years hasn’t passed?
b - what kind of partition is permitted
a - yes due to compelling reasons [or] if everyone agrees
b - only JUDICIAL partition. not extra-judicial partition
case of Patricio v. Dario
H died survived by W, children, and grandchild.
W & children agreed to partition earlier than 10 years but other son objected since there is a minor beneficiary (this is the apo)
resolve
a Beneficiary is
1. actual residing
2. legal dependent for support upon head of the family
the head of the family now was the Suriving W
the beneficiaries were the children and grandchild
applying order of support, SC ruled apo stays with the father & grandmother. GM the unmarried head because GFather has died
the order of liability is with the fahter, only when father is incpaciated can the person be entitled to ask support in the second line
so the apo is NOT a beneficiary
If you are the wife of a multimillionaire, and before the support ceases, before the husband stops giving you support, your husband used to finance your travels abroad yearly. And one day your husband stops giving you support, so you
now demand for support.
Can you demand for the usual travels abroad?
You can bc the one obliged to give support can very well afford. you have the right to demand for the same kind of support.
seaman earning millions but wants to stop because he has to give support to the wife he’s estranged with. he stopped working
Q: can wife ask support?
She can ask support but the husband cannot be compelled to
You are the mother, you give birth
to an illegitimate child. The father for one reason or another did not marry you. Your support should be directed against the father. But if the father has no resources, no means to give support
where does the mother go to for support?
Demand support from the father’s parents
The common notion is, support is only obliged from the parent insofar as the child. But actually, you can go after the grandparents if they are still alive so long as
you can prove that those relatives
responsible before them are absent or without means to give support.
It’s possible that the father of your illegitimate child is a son of well-off parents. You can go after the Lolo or Lola.
Suppose your father who is cancer-stricken demands for this amount of support. But your resources is only enough to cover the need of your husband
how will you apply your money?
- by law, i am obliged to satisfy need of husband fist legally
- any excess will be to the father
GR: only the husband can impugn the filiation filiation
XPN: the cited circumstances
JP XPN:
Estate of Ong v. Diaz
- wife separated from the husband, and delivered by paramour
- paramour has resources
SC allowed MOTHER to establish filiation of the child is of the paramour and not the husband in a complaint for compulsory recognition with prayer for support
Santiago v. Jornacion
SC allowed ILLEGITIMATE FATHER
can mother petitin correction of entry so surname of child be thay of father
Ordona v. LCR of Pasig
correction of entry so surname of child be changed to that of the ILLEGITIMATE FATHER which was ALLOWED BY SC
The birth took place five years ago. The husband learned of the registration five years later. And one week after learning of
the registration, he filed an action to impugn.
Has the action to impugn presecribed?
Yes, The prescipritive period has prescribed because registration was made 5 years ago whihc was reckoned from registration which serves as constructive notice to the whole world .
