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 .
can husband impugn the filiation when what was recorded of the child’s birth was the surname of the paramour? will the prescriptive period reckon from knowledge?
Yes, it is impossible for people to take notice of the fact of registration
GR: impugn filiation only done by direct action
XPN JP:
Ong v. Diaz
same case mother was allowed to establish filiation of the child to the illegitimate father
done thru compusolry recognition wihch SC allowed in a collateral proceeding
Santiago v. Jornacion
Ordona v. Fulgueras (allowed correction of entry)
GR: action to be recognized as illegitimate can only be done thru primary evidence or seocndary but in the lifetime of the putative father
XPN JP:
case of Hilario v. Belloc (&) Ong v. Diaz
illegitimate status was allowed to be established even when illegitimate father was dead because “status of illegitimate child is establihed from moment of her birth since the law gave such status from birth” and proof of filiation is only required if illegitimate filiation is dispusted so no need to file action to estbalish filiation
illegitimate father wanted his ilelgitimate son
mother went to manila to study and grnadmother was with the child,
can the ilelgitimate father have parental authority over his illegitimate child?
Masbate v. Relucio
even if the order of those individuals vested with SPA, the G.parents come first, it is NOT MANDATORY
Is it the child, the one
primarily liable because the child is the one that is responsible for the act? Is the child liable at all?
is the child liable? And if so, what is the nature of the child’s liability?
Araneta v. Arreglado
2194 NCC
SC ruled parent AND child is responsible
SOLIDARY LIABILITY
principle termed SpecPA liability
Loco Parentis principle
if the liabilty of a child is solidary ins substituted
how about in Spec PA?
consistent w/ 2194, the child is solidary liable as well with the school
How do we distinguish this from Article 2180 of the NCC
FC 219 - contemplates below 18 but CC 2180 covers student is legal age.
even if of age, still liable pursuant to Spec PA principle loco parentis but since child is of age, parents are not subsidiarily liable because that subsidiarily liablity refers to child under 18 in the FC 219
so the 219 is governing bc technically no PA if the child is of legal age already
you represent a school who is solidary liable to pay 1 million for the quasi-delict of one of your students,
demand from the student who is solidarily liable based on Art. 2194 reimbursement the entire 1 million
What happens if a criminal sneaks inside and starts shooting everyone inside the premises of the school? Is the school liable
219 and 2180 do not apply on vicarious liability but may be held liable for not exercising “due diligence”
on the principle of tort, school liable on the principle of VL, not liable.
