PROPERTY RELATIONS BETWEEN  Applied to common law spouses (Art.

87)
HUSBAND & WIFE
GROUNDS TO REVOKE DONATION PROPTER
WHAT GOVERNS PROPERTY RELATIONS NUPTIAS: VICALC
BETWEEN SPOUSES: 1. Marriage is not celebrated or is judicially declared
1. Marriage settlement – future spouses may agree void ab initio
upon the regime of ACP, CPG, complete separation 2. Marriage without the needed parental consent
of property, or any other regime 3. Marriage is annulled & donee is in bad faith
2. Family Code – if there is no marriage settlement or 4. If it is with a resolutory condition & the condition is
when the regime agreed upon therein is void, the complied with
system of ACP shall govern 5. In legal separation & donee is the guilty spouse
3. Local customs 6. Donee commits acts of ingratitude such as:
a. If the donee commits an offense against the person,
REQUISITES OF A VALID MARRIAGE SETTLEMENT: honor or property of the donor, his wife, or his
WSB-TC-CR children under his parental authority
1. In writing b. If the donee imputes to the donor any criminal
2. Signed by the parties offense or any act involving moral turpitude, unless
3. Executed before the celebration of marriage the crime was committed against the donee himself,
4. To fix the terms & conditions of their property his wife, or his children under his authority
relations c. If the donee unduly refuses to support the donor
5. If a party executing the settlement needs parental when he is legally or morally bound to give such
consent, the parent/guardian whose consent is support
needed must be made a party to the agreement
6. If the party executing the settlement is under civil DONATION PROPTER NUPTIAS V. ORDINARY
interdiction or any other disability, the guardian DONATION
appointed by the court must be made a party to the Donations Ordinary
Bases
settlement Propter Nuptias Donations
7. Registration (to bind 3rd persons) Governed by
NOT APPLICABLE: the rules on
1. When both are aliens, even if married in the Phils. ordinary
Governed by
2. As to extrinsic validity of contracts donations
rules on
3. Contrary stipulation except that if
Formalities donations (Art.
future property
725-773 of
DONATIONS BY REASON OF MARRIAGE is donated, it
NCC)
must conform
Before Marriage with formalities
General Rule: Future spouses cannot donate to each of wills
other more than 1/5 of their present property (excess No limit except
May be donated
shall be considered void) that donor shall
Present but up to 1/5 of
Requisites: leave property
Property donor's present
1. Made before celebration of marriage enough for his
property
2. In celebration of marriage support
3. In favor of one or both future spouses May be included
Exception: If they are governed by ACP provided Cannot be
Future Property
donation is included
During Marriage mortis causa
General Rule: Spouses cannot donate to each other, Grounds for Art. 86 of Family Art. 760, 764,
directly or indirectly (donations made by spouses to each revocation Code 765 of NCC
other during the marriage are VOID)
Ratio: PRESCRIPTIVE PERIOD FOR FILING ACTION
1. To protect unsecured creditors from being defrauded FOR REVOCATION OF DONATION PROPTER
2. To prevent stronger spouse from imposing upon the NUPTIAS:
weaker one the transfer of the latter’s property to the If marriage is not 5 years (Art. 1149 NCC)
former celebrated (except: from the time marriage is
3. To prevent indirect modification of the marriage donations contained in not solemnized on the
settlement the marriage settlement fixed date
Exception: w/c are automatically
1. Moderate gifts on the occasion of any family rejoicing rendered void if the
2. Donation mortis causa marriage does not take
 place) PROPERTY REGIME:
If marriage is judicially 1. When civil interdiction of the prisoner-spouse
declared void, it depends: terminates
(a) if subsequent 2. When the absentee spouse reappears
marriage is void 3. When the court, being satisfied that the spouse
pursuant to Art. 40 by operation of law if granted the power of administration in the marriage
in relation to Arts. 52 donee-spouse contracted settlement will not again abuse that power, authorizes
& 53, because subsequent void marriage resumption of administration by the spouse formerly
contracted by a in bad faith exercising such power
spouse before prior 4. When the spouse, who has left the conjugal home
void marriage is without a decree of legal separation, returns &
judicially declared resumes common life with the other
void 5. When parental authority is judicially restored to the
(b) Judicially declared 5 yrs. from finality of spouse previously deprived thereof
void on grounds judicial declaration of 6. When the spouses who have separated in fact for at
other than Art. 40 in nullity (if action to recover least one year, reconcile & resume common life
relation to Arts. 52 & property) 7. When after voluntary dissolution of ACP or CPG,
53 spouses agree to revive their former property regime
When marriage takes 5 yrs.
place without the ADMINISTRATION OF EXCLUSIVE PROPERTY
required parental consent OF EITHER SPOUSE: GACA
If resolutory condition is 5 years from happening 1. One spouse becomes guardian of the other
complied with of condition 2. One spouse judicially declared absent
When marriage is 5 years from finality of 3. One spouse sentenced to penalty with civil
annulled & donee in decree interdiction
bad faith 4. One spouse becomes a fugitive from justice or is
If donee commits an act 1 year from donor’s hiding as an accused in a criminal case
of ingratitude knowledge of that fact
In cases of legal 5 years from the time the FAMILY
separation decree of separation has Family – basic social institution w/c public policy
become final cherishes & protects
 Hence, no suit bet. family members shall prosper
SEPARATION OF PROPERTY unless compromise has failed
 In the absence of an express declaration in the  Suit bet. family members should appear in verified
marriage settlements, the separation of property complaint/petition that earnest efforts towards
between the spouses during the marriage shall not compromise have been made but failed. Allegation of
take place except by judicial order. ‘earnest efforts’ is jurisdictional, if it’s absent, the
 Judicial separation of property may either be court can dismiss case.
voluntary or for sufficient cause.
FAMILY RELATIONS INCLUDE:
SUFFICIENT CAUSE FOR JUDICIAL SEPARATION OF 1. Bet. husband & wife
PROPERTY: CAPAAS 2. Bet. parents & children
1. Petitioner’s spouse has been sentenced to a penalty 3. Among other ascendants & descendants
w/c carries with it civil interdiction 4. Among bros. & sis. Full/half blood
2. Petitioner’s spouse has been declared an absentee  NOTE: Suit between members of the same family – it
3. Loss of parental authority of petitioner’s spouse has should appear from the verified complaint or petition
been decreed by the court that earnest efforts towards a compromise have
4. Abandonment by petitioner’s spouse or failure to been made but failed.
comply with family obligations  Allegation of “earnest efforts” is JURISDICTIONAL, if
5. Spouse granted the power of administration in it is absent, the court can dismiss the case. BUT this
marriage settlements has abused that power rule is inapplicable to the following cases: CLV-FJF
6. At the time of petition, the spouses have been 1. Civil status of persons
separated in fact for at least one year & reconciliation 2. Any ground for legal separation
is highly improbable 3. Validity of marriage or legal separation
4. Future support
5. Jurisdiction of courts
6. Future legitime

GROUNDS FOR REVIVAL OF FORMER

 Under the Family Code, a family home is deemed community at the time of
constituted from the time it is occupied as a family liquidation
residence CPG - separate property of
 Actual value of the family home shall not exceed the parent-spouse if the
same is insufficient or there
P300,000 in URBAN areas & P200,000 in RURAL
is no such property, the
areas (Art.157) conjugal property is liable if
Support financially capable, but the
Consists of everything indispensable for: support paid to the child
1. Sustenance shall be deducted from the
2. Dwelling share of the parent-spouse
3. Clothing at the time of liquidation of
the partnership
4. Medical attendance
separate property of the
5. Education – includes schooling or training for some obligor- spouse
profession, trade or vocation, even beyond the age of
majority Legitimate ascendants, if the same is not sufficient
6. Transportation – includes expenses going to & from other legitimate & or there is none, the ACP or
school, or to & from place of work illegitimate descendants, & CPG shall be liable if
legitimate & illegitimate financially capable, w/c
NOTE: Amount of support shall be in proportion to the brothers & sisters support shall be deducted
means of the giver & to the need of the recipient from the share of the spouse
upon liquidation of the ACP
or CPG
PERSONS OBLIGED TO SUPPORT EACH OTHER TO
THE WHOLE EXTENT:
ORDER OF LIABILITY IF 2 OR MORE ARE
1. Spouses
OBLIGED TO SUPPORT:
2. Legitimate ascendants & descendants
1. Spouse
3. Parents & their legitimate children & the children of
2. Descendants in nearest degree
the latter (legitimate or illegitimate)
3. Ascendants in nearest degree
4. Parents & their illegitimate children & the children of
4. Brothers and sisters
the latter (legitimate or illegitimate)
5. Legitimate brothers & sisters whether full or half-  When the obligation to give support falls upon two or
blood more persons, the payment of the same shall be
divided between them in proportion to the resources
RULES REGARDING SUPPORT TO ILLEGITIMATE of each.
BROTHERS & SISTERS (WHETHER FULL OR HALF  However, in case of urgent need and by special
BLOOD): circumstances, the judge may order only one of them
1. If the one asking for support is below majority age, he to furnish the support provisionally, without prejudice
is entitled to support from his illegitimate brother or to his right to claim from the other obligors the share
sister to the full extent, without any condition (e.g. due from them.
even if cause is imputable to him)  When two or more recipients at the same time claim
2. If the one asking for support is already of majority support from one and the same person legally
age, he is entitled to support only if his need for obliged to give it, and the obligor does not have
support is not due to a cause imputable to his fault or sufficient means to satisfy all claims:
negligence i. the order established in the preceding article shall
be followed:
PROPERTIES ARE LIABLE FOR THE 1. Spouse
SUPPORT OF THE RELATIVES (SOURCES OF 2. Descendants in nearest degree
MUTUAL SUPPORT) 3. Ascendants in nearest degree
Spouses ACP/CPG 4. Brothers and sisters
Common children ACP/CPG ii. if the concurrent obligees should be the spouse
Children of spouse by and a child subject to parental authority, the child
ACP/CPG shall be preferred
another marriage
Illegitimate children of ACP - separate property of
SOURCES OF SUPPORT
either spouse the parent-spouse if the
same is insufficient or there During the Pending After Litigation
is no such property, the marriage Litigation
absolute community is liable SPOUSES
but the support is From the From the No obligation to
considered as advances on community community support except
the share of the parent to be property property assets if there is legal
paid by him to the except if Art. 203 separation, in
 applies, that if which case the distribution of properties, & delivery of children’s
the claimant court may presumptive legitime)
spouse is the require the 5. of mothers who may have declared against their
guilty spouse, guilty spouse to legitimacy or was sentenced as an adulteress
he/she will not give support
(Art.167)
be entitled to
support. 6. legally adopted
7. legitimated, conceived & born outside of wedlock of
if the spouses parents without impediment at the time of conception
are under & who subsequently married
CPG, support is
considered an ILLEGITIMATE CHILDREN – only children conceived &
advance of such born outside a valid marriage
spouses' share; EXCEPTIONS – those children who are:
the rule doesn’t
1. born of marriages w/c are void ab initio
apply if the
spouses are 2. born of voidable marriages after the decree of
under ACP, annulment
based on Art.
153 WHO MAY IMPUGN A CHILD’S LEGITIMACY
CHILDREN General rule: only the husband can impugn
From the From the From the Exceptions: heirs may impugn in the ff. cases (Art. 171):
community community separate 1. if husband & dies before expiration of period for filing
property property property of the the action
spouses 2. if husband dies after filing w/o desisting
3. if child was born after husband’s death
OPTIONS OF THE PERSON GIVING SUPPORT:
1. To give a fixed monthly allowance; or GROUNDS FOR IMPUGNING LEGITIMACY (Exclusive
2. To receive and maintain the recipient in the giver's [Art. 166]):
home or family dwelling 1. physically impossible for the husband to have sex w/
EXCEPTION: when there is a legal or moral obstacle wife w/in 1st 120 days of the 300days w/c immediately
thereto preceded the child’s birth because of:
a. physical incapacity
b. the fact that they were living separately in such a
PATERNITY & FILIATION way that sex wasn’t possible
c. husband’s serious illness w/c absolutely prevented
CHILDREN BY ARTIFICIAL INSEMINATION ARE intercourse
CONSIDERED LEGITIMATE: 2. if it’s proved for biological/other scientific reasons the
1. The artificial insemination is made on the wife, not on child couldn’t have been that of the husband except
another woman & in the case of artificial insemination
2. The artificial insemination on the wife is done with the 3. in case of thru artificial insemination, when the written
sperm of the husband, or of a donor, or both the authorization/ratification of either parent was obtained
husband & a donor & thru mistake, fraud, violence, intimidation or undue
3. The artificial insemination has been authorized or influence
ratified by both spouses on a written instrument
executed & signed by them before the birth of the PERIODS FOR FILING OF ACTION TO IMPUGN
child, & LEGITIMACY (Art. 170):
4. The written instrument is recorded in civil registry 1. If the husband (or his heirs, in proper cases) resides
together with the birth certificate of the child in the SAME city or municipality: within 1 year from
knowledge of the birth OR its recording in the civil
LEGITIMATE CHILDREN – only children conceived OR register
born during a valid marriage (Art. 164) 2. If the husband (or his heirs) does not reside in the city
or municipality where the child’s birth took place or
EXCEPTIONS – those children who are: was recorded but his residence is IN THE
1. conceived as a result of artificial insemination PHILIPPINES: within 2 years
2. born of a voidable marriage before decree of 3. If husband lives abroad: within 3 yrs.
annulment
 NOTE: The period shall be counted from the
3. conceived or born before judgment of annulment or
knowledge of the child’s birth or its recording in the
absolute nullity under Art. 36 (psychological
civil register.
incapacity) becomes final & executory
 HOWEVER, if the child’s birth was concealed from or
4. conceived or born of a subsequent marriage under
was unknown to the husband or his heirs, the period
Art. 53 (failure to record the judgment, partition &
 shall be counted from the discovery or knowledge of
the birth of the child or of the act of registration of RIGHTS OF LEGITIMATE & ILLEGITIMATE
said birth, whichever is earlier. CHILDREN
 NOTE: Legitimacy CANNOT be collaterally attacked LEGITIMATE ILLEGITIMATE
or impugned. It can be impugned only in a direct suit Use of mother’s
precisely filed for the purpose of assailing the surname
legitimacy of the child. NOTE: RA 9225
Use of father &
Surname amended Art. 176
RULE ON STATUS OF A CHILD BORN WITHIN 300 mother’s surname
as of Mar. 19,
DAYS AFTER TERMINATION OF FORMER 2004  can use
MARRIAGE (Art.168): dad’s surname
Rules in the absence of proof to the contrary: Entitled to
1. 1st Marriage: if the child was born before the lapse of legitime & other Entitled to only ½
180 days after celebration of 2nd marriage provided Legitime successional of legitimate child’s
born within 300 days after the termination of the 1 st
rights granted by legitime
marriage NCC
2. 2nd Marriage: If the child was born after 180 days
Entitled to receive
following the celebration of the 2nd marriage whether
support from
born within 300 days after termination of 1st marriage
parents, Receive support
or afterwards
Support ascendants & (in according to FC
proper cases), provisions
PROOF OF FILIATION bros. & sis under
GENERAL RULE (Art.172): Filiation of legitimate (or Art. 174
illegitimate) children is established by any of the  Whole lifetime
following: regardless of
1. The record of birth appearing in the civil register or a Action for Whole lifetime
type of proofs
final judgment; or claim for regardless of type
under Art. 172(1)
2. An admission of legitimate (or illegitimate) filiation in a legitimacy/il of proofs under
 ONLY lifetime of
public document or a private h&written instrument & legitimacy Art. 172
alleged parent
signed by the parent concerned
for Art. 172(2)
EXCEPTION (Par. 2, Art.172): In the absence of these
Transmissi
evidences, the legitimate filiation may be proved by:
ble to heirs
3. Open & continuous possession of the status of a Yes No
under Art.
legitimate (or illegitimate) child
173?
4. Any other evidence allowed by the Rules of Court &
No right to inherit
special laws
ab intesto from
IMPORTANT: For illegitimate children  when the Right to
legitimate children
action is based on the par. 2 of Art. 172, the action may inherit ab Yes
& parents’ relatives
be brought ONLY during the lifetime of the alleged intesto
under Art. 992 of
parent.
NCC
IMPORTANT:
ACTION TO CLAIM LEGITIMACY:
1. The child can bring the action during his lifetime  Use the surname of the mother if the requisites of RA
2. If the child dies after reaching majority without filing 9255 are not complied with
an action, his heirs can longer file the action after  Use the surname of the father (RA 9255, Sec. 1,
death effective March 19, 2004)
3. If the child dies during minority in the state of insanity, R.A. 9255:
his heirs can file the action for him within 5 years form  Illegitimate children may use the surname of their
the child’s death father if their filiation has been expressly recognized
4. If the child dies after commencing the action, the by the father, either through:
action will survive & his heirs will substitute for him 1. record of birth in civil register
5. If the child is a minor, incapacitated or insane, his 2. father’s admission in public document
guardian can bring the action in his behalf 3. father’s admission in private h&written document
 The father under RA 9255, Sec. 1 has the right to file
an action to prove non-filiation during his lifetime.

LEGITIMATED CHILDREN
 Legitimation takes place by the subsequent marriage
of the child’s parents
 Effect of legitimation:
- Confers on the child the rights of legitimate PRE-ADOPTION SERVICES
children The DSWD shall provide for the ff. services:
- Retroacts to the time of the child’s birth 1. counseling services for the biological parents,
 Legitimation may be impugned only by those who are prospective parents, & prospective adoptee
prejudiced in their rights within 5 years from the time 2. exhaust all efforts to locate the biological parents, if
the cause of action accrues (death of parents of unknown
legitimated child)
RULE ON ADOPTION BY SPOUSES
REQUISITES FOR LEGITIMATION: General rule: husband & wife shall jointly adopt
1. The child was conceived & born outside of wedlock; Exceptions:
2. The parents, at the time of child’s conception, were 1. one spouse seeks to adopt the legitimate child of the
not disqualified by any impediment to marry each other
other 2. 1 spouse seeks to adopt his/her own illegitimate child
3. There is a valid marriage subsequent to the child’s 3. The spouses are legally separated from each other
birth
ADOPTION WHO MAY BE ADOPTED
1. Any person below 18 years of age who has been
R.A. 8552: DOMESTIC ADOPTION ACT administratively or judicially declared available for
WHO MAY ADOPT: Any person provided he is: adoption;
1. FILIPINO CITIZEN 2. legitimate son/daughter of one spouse by the other
a. of legal age spouse;
b. in possession of full civil capacity & legal rights 3. illegitimate son/daughter by a qualified adopter to
c. of good moral character improve his/her status to that of legitimacy;
d. has not been convicted of any crime involving 4. person of legal age if, prior to the adoption, said
moral turpitude, emotionally & psychologically person has been consistently considered & treated by
capable of caring for children, the adopter as his/her own child since minority;
e. At least 16 years older than the person to be 5. child whose adoption has been previously rescinded;
adopted, unless: or
i. The adopter is the natural parent of the 6. child whose biological or adoptive parents have died
child to be adopted, or provided that no proceedings shall be initiated within
ii. The adopter is the spouse of the legitimate 6 months from the time of death of said parents.
parent of the person to be adopted
f. In possession of full civil capacity & legal rights WRITTEN CONSENT NECESSARY FOR ADOPTION:
g. In a position to support & care for his legitimate & A-BLISS-A
illegitimate children, in keeping with the means of 1. Adoptee, if 10 years of age or over;
the family 2. Biological parents of the child, if known, or the legal
2. ALIEN guardian, or the proper government instrumentality
a. possessing the same qualifications as above w/c has legal custody of the child;
stated for Filipino nationals 3. Legitimate children of the adopter, 10 years old or
b. his/her country has diplomatic relations with the over
Philippines 4. Illegitimate children of the adopter, 10 years old or
c. he/she has been living in the Philippines for at over & living with him
least 3 continuous years prior to the filing of the 5. Spouse of the adopted, if married
application for adoption & maintains such 6. Spouse of the adopter, if married
residence until the adoption decree is entered 7. Adopted children of the adopter, 10 years old or over
EXCEPT when:
i. a former Filipino citizen who seeks to adopt a EFFECTIVITY OF DECREE OF ADOPTION
relative within the 4 degree of consanguinity or
th
a. A decree of adoption effective as of the date the
affinity; or original petition was filed. Also apply in case the
ii. one who seeks to adopt the legitimate child of petitioner dies before the issuance of the decree of
his/her Filipino spouse; or adoption to protect the interest of the adoptee
iii. one who is married to a Filipino citizen & seeks to
adopt jointly with his/her spouse a relative w/in 4TH EFFECTS OF ADOPTION:
degree of consanguinity/affinity 1. Severance of all legal ties between the biological
3. GUARDIAN – w/ respect to the ward after the parents & the adoptee & the same shall then be
termination of the guardianship & clearance of vested on the adopters EXCEPT in cases where the
financial accountabilities biological parent is the spouse of the adopter
2. Deemed a legitimate child of the adopter
3. Acquired reciprocal rights & obligations arising from 1. The father and the mother shall jointly exercise
parent-child relationship parental authority over the persons of their common
4. Right to use surname of the adopter children. In case of disagreement, the father's
5. In legal & intestate succession, the adopters & the decision shall prevail, unless there is a judicial order
adoptee shall have reciprocal rights of succession to the contrary (Art.211)
without distinction from legitimate filiation. However, if 2. If the child is illegitimate, parental authority is with the
the adoptee & his/her biological parents had left a mother.
will, the law on testamentary succession shall govern.
Legally-free child - A child who has been voluntarily or WHO EXERCISES PARENTAL AUTHORITY
involuntarily committed to the Department, in accordance Absence of either parent Parent present
with the Child & Youth Welfare Code Death of either parent Surviving parent
Remarriage of surviving Still the surviving parent,
GROUNDS FOR RECISSION OF ADOPTION: MASA parent unless the court appoints
1. repeated physical & verbal maltreatment by the a guardian over the child
adopters despite having undergone counseling Separation of parents Parent designated by the
2. attempt on the life of the adoptee court
3. sexual assault or violence The court shall take into
4. abandonment & failure to comply with parental account all relevant
obligations. considerations, especially
 Adoption, being in the best interest of the child, shall the choice of the child
not be subject to rescission by the adopter over 7 y.o, unless the
 Only the adoptee is given the right to rescind the parent is unfit
decree of adoption GENERAL RULE: a child
 However, the adopters may disinherit the adoptee for under 7 shall not be
causes provided in Art. 919 of the NCC separated from the
mother UNLESS the
EFFECTS OF THE RESCISSION OF THE ADOPTION: court finds compelling
1. The parental authority of the adoptee's biological reasons to order
parents, if known, OR the legal custody of the DSWD otherwise.
shall be restored if the adoptee is still a minor or Paramount consideration
incapacitated. in matters of child’s
2. The reciprocal rights & obligations of the adopters & custody is the welfare &
the adoptee to each other shall be extinguished. well-being of the child
3. The court shall order the Civil Registrar to cancel the (Tonog v. CA)
amended certificate of birth of the adoptee & restore
his/her original birth certificate.  In case of death, absence or unsuitability of both
4. Succession rights shall revert to its status prior to parents, the surviving grandparent shall exercise
adoption, but only as of the date of judgment of substitute parental authority (Art. 214)
judicial rescission. Vested rights acquired prior to
judicial rescission shall be respected.
ORDER OF SUBSTITUTE PARENTAL
AUTHORITY
PARENTAL AUTHORITY 1. The surviving grandparent
 It is the mass of rights & obligations w/c parents have 2. The oldest brother or sister, over 23 years old, unless
in relation to the person & property of their children unfit or disqualified
until their emancipation & even after under certain 3. The child's actual custodian, over 21 years old,
circumstances. unless unfit or disqualified
CHARACTERISTICS OF PARENTAL AUTHORITY: •In case of foundlings, abandoned children, neglected
1. It is a natural right and duty of the parents (Art. 209) children, or abused children, summary judicial
2. It cannot be renounced, transferred or waived, except proceedings shall be instituted so that they may be
in cases authorized by law (Art 210) entrusted to:
3. It is jointly exercised by the father and the mother a. Heads of children’s homes
(Art. 211) b. Orphanages, or
4. It is purely personal and cannot be exercised through c. Similar institutions duly accredited by the proper
agents government agency (Art. 217)
5. It is temporary
PERSON EXERCISING SPECIAL PARENTAL
RULES AS TO THE EXERCISE OF PARENTAL AUTHORITY:
AUTHORITY: 1. school
2. administrators and teachers 2. Treats child with excessive harassment and cruelty
3. individual, entity, or institution engaged in child care 3. Gives corrupting orders, counsel or example
LIABILITY OF THOSE EXERCISING SPECIAL 4. Compels child to beg
PARENTAL AUTHORITY OVER THE CHILD: 5. Subjects to or allows acts of lasciviousness
1. They are principally and solidarily liable for damages NOTE: The suspension or deprivation may be revoked
caused by the acts or missions of the child while and the parental authority revived in a case filed for the
under their supervision, instruction or custody. purpose or in the same proceeding if the court finds that
HOWEVER, this liability is subject to the defense that the cause therefore has ceased and will not be repeated
the person exercising parental authority exercised
proper diligence.
2. The parents and judicial guardians of the minor or GROUNDS FOR THE PERMANENT TERMINATION
those exercising substitute parental authority over the OF PARENTAL AUTHORITY:
minor are subsidiarily liable for said acts and 1. Death of parents
omissions of the minor. 2. Death of child
3. Emancipation of child
DISTINCTION BETWEEN SUBSTITUTE & SPECIAL 4. Parents exercising parental authority has subjected
PARENTAL AUTHORITY the child or allowed him to be subjected to sexual
Substitute parental Special parental authority abuse
authority
It is exercised in case of It is exercised concurrently CASES WHERE PARENTAL AUTHORITY MAY ALSO
death, absence, or if with the parental authority of TERMINATE (UNLESS SUBSEQUENTLY REVIVED):
unsuitability of parents. the parents and rest on the 1. Adoption of child
Hence, it is not exercised by theory that while the child is
the parents of parental in the custody of the person
2. Appointment of general guardian
authority over the minor exercising special parental 3. Judicial declaration of abandonment
children. authority, the parents 4. Final judgment divesting parental authority
temporarily relinquish 5. Judicial declaration of absence or incapacity or person
parental authority over the exercising parental authority
child to the latter
USE OF SURNAME:
LIABILITY OF PARENTS FOR TORTS COMMITTED BY CHILD CONCERNED SURNAME TO BE USED
THEIR MINOR CHILDREN: Legitimate child Father’s surname
•Parents and other persons exercising parental authority Legitimated child Father’s surname
shall be civilly liable for the injuries and damages Adopted child Adopter’s surname
caused by the acts or omissions of their minor Mother’s
PROVIDED the children are living in their company surname/father’s name if
and under their parental authority Illegitimate child
requisites of RA 9255 are
•This is subject to the appropriate defenses provided by complied with
law Conceived prior to the
NOTES: annulment of the Father’s surname
•Parental authority and responsibility are inalienable and marriage
may not be transferred and renounced except in Conceived after the
cases authorized by law Mother’s surname
annulment of marriage
•Parents may exercise parental authority over their child’s
property

EFFECT OF PARENTAL AUTHORITY UPON

THE PROPERTY OF THE CHILD:
1. The father and mother shall jointly exercise legal
guardianship over the property of the minor child
without court appointment
2. In case of disagreement, the father’s decision shall
prevail, unless there is judicial order to the contrary
3. If the market value of the property or the annual
income of the child exceeds P50,000, the parent is
required to furnish a bond of not less than 10% of the
value of the child’s property or income

GROUNDS FOR SUSPENSION OF PARENTAL

AUTHORITY: CHOBA
1. Conviction of parent for crime without civil interdiction