I.

The Family

a. how is family regarded by law?

o Art. 149. The family, being the foundation of the nation, is a basic social institution which
public policy cherishes and protects. Consequently, family relations are governed by law
and no custom, practice or agreement destructive of the family shall be recognized or
given effect. (216a, 218a)
b. family relation
o Art. 150. Family relations include those:
(1) Between husband and wife;
(2) Between parents and children;
(3) Among brothers and sisters, whether of the full or half-blood. (217a)
c. family home
o Art. 152. The family home, constituted jointly by the husband and the wife or by an
unmarried head of a family, is the dwelling house where they and their family reside,
and the land on which it is situated. (223a)
d. other rules on family home
o Art. 153. The family home is deemed constituted on a house and lot from the time it is
occupied as a family residence. From the time of its constitution and so long as any of its
beneficiaries actually resides therein, the family home continues to be such and is
exempt from execution, forced sale or attachment except as hereinafter provided and to
the extent of the value allowed by law. (223a)

o Art. 155. The family home shall be exempt from execution, forced sale or
attachment except:
(1) For nonpayment of taxes;
(2) For debts incurred prior to the constitution of the family home;
(3) For debts secured by mortgages on the premises before or after such constitution;
and
(4) For debts due to laborers, mechanics, architects, builders, materialmen and others
who have rendered service or furnished material for the construction of the
building. (243a)

o Art. 156. The family home must be part of the properties of the absolute
community or the conjugal partnership, or of the exclusive properties of either
spouse with the latter’s consent. It may also be constituted by an unmarried
head of a family on his or her own property.
Nevertheless, property that is the subject of a conditional sale on installments
where ownership is reserved by the vendor only to guarantee payment of the
purchase price may be constituted as a family home. (227a, 228a)

o Art. 158. The family home may be sold, alienated, donated, assigned or encumbered by
the owner or owners thereof with the written consent of the person constituting the
 same, the latter’s spouse, and a majority of the beneficiaries of legal age. In case of
conflict, the court shall decide. (235a)

o Art. 154. The beneficiaries of a family home are:

(1) The husband and wife, or an unmarried person who is the head of a family; and
(2) Their parents, ascendants, descendants, brothers and sisters, whether the
relationship be legitimate or illegitimate, who are living in the family home and
who depend upon the head of the family for legal support. (226a)

o Art. 157. The actual value of the family home shall not exceed, at the time of its
constitution, the amount of the three hundred thousand pesos in urban areas, and two
hundred thousand pesos in rural areas, or such amounts as may hereafter be fixed by
law.
In any event, if the value of the currency changes after the adoption of this Code, the
value most favorable for the constitution of a family home shall be the basis of
evaluation.
For purposes of this Article, urban areas are deemed to include chartered cities and
municipalities whose annual income at least equals that legally required for chartered
cities. All others are deemed to be rural areas. (231a)

o Art. 160. When a creditor whose claims is not among those mentioned in Article 155
obtains a judgment in his favor, and he has reasonable grounds to believe that the family
home is actually worth more than the maximum amount fixed in Article 157, he may
apply to the court which rendered the judgment for an order directing the sale of the
property under execution. The court shall so order if it finds that the actual value of the
family home exceeds the maximum amount allowed by law as of the time of its
constitution. If the increased actual value exceeds the maximum allowed in Article 157
and results from subsequent voluntary improvements introduced by the person or
persons constituting the family home, by the owner or owners of the property, or by any
of the beneficiaries, the same rule and procedure shall apply.
At the execution sale, no bid below the value allowed for a family home shall be
considered. The proceeds shall be applied first to the amount mentioned in Article 157,
and then to the liabilities under the judgment and the costs. The excess, if any, shall be
delivered to the judgment debtor. (247a, 248a)

o Art. 159. The family home shall continue despite the death of one or both spouses or of
the unmarried head of the family for a period of ten years or for as long as there is a
minor beneficiary, and the heirs cannot partition the same unless the court finds
compelling reasons therefor. This rule shall apply regardless of whoever owns the
property or constituted the family home. (238a)
o Art. 161. For purposes of availing of the benefits of a family home as provided for in this
Chapter, a person may constitute, or be the beneficiary of, only one family home. (n)
 o Art. 162. The provisions in this Chapter shall also govern existing family residences
insofar as said provisions are applicable. (n)

II. paternity and filiation

a. paternity and filiation

 Art. 163. The filiation of children may be by nature or by adoption. Natural filiation may
be legitimate or illegitimate. (n)
b. legitimate children
 Art. 164. Children conceived or born during the marriage of the parents are legitimate.
Children conceived as a result of artificial insemination of the wife with the sperm of the
husband or that of a donor or both are likewise legitimate children of the husband and
his wife, provided, that both of them authorized or ratified such insemination in a
written instrument executed and signed by them before the birth of the child. The
instrument shall be recorded in the civil registry together with the birth certificate of the
child. (55a, 258a)
 Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless
otherwise provided in this Code. (n)
 Art. 166. Legitimacy of a child may be impugned only on the following grounds:
(1) That it was physically impossible for the husband to have sexual intercourse with his
wife within the first 120 days of the 300 days which immediately preceded the birth
of the child because of:
(a) the physical incapacity of the husband to have sexual intercourse with his wife;
(b) the fact that the husband and wife were living separately in such a way that
sexual intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented sexual intercourse;
(2) That it is proved that for biological or other scientific reasons, the child could not
have been that of the husband, except in the instance provided in the second
paragraph of Article 164; or
(3) That in case of children conceived through artificial insemination, the written
authorization or ratification of either parent was obtained through mistake, fraud,
violence, intimidation, or undue influence. (255a)

 Art. 167. The child shall be considered legitimate although the mother may have
declared against its legitimacy or may have been sentenced as an adulteress. (256a)

 Art. 169. The legitimacy or illegitimacy of a child born after three hundred days
following the termination of the marriage shall be proved by whoever alleges such
legitimacy or illegitimacy. (261a)

 Art. 168. If the marriage is terminated and the mother contracted another marriage
within three hundred days after such termination of the former marriage, these
rules shall govern in the absence of proof to the contrary:
 (1) A child born before one hundred eighty days after the solemnization of the
subsequent marriage is considered to have been conceived during the former
marriage, provided it be born within three hundred days after the termination of
the former marriage;
(2) A child born after one hundred eighty days following the celebration of the
subsequent marriage is considered to have been conceived during such
marriage, even though it be born within the three hundred days after the
termination of the former marriage. (259a)
c. proof of legitimate filiation
 Art. 172. The filiation of legitimate children is established by any of the following:
(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private
handwritten instrument and signed by the parent concerned.

In the absence of the foregoing evidence, the legitimate filiation shall be roved by:
(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special laws. (265a, 266a,
267a)

d. action to claim legitimacy

The to impugn belongs to the husband, (should the husband die) heir, and descendant

The child themselves

 Art. 173. The action to claim legitimacy may be brought by the child during his or her
lifetime and shall be transmitted to the heirs should the child die during minority or in a
state of insanity. In these cases, the heirs shall have a period of five years within which to
institute the action.
 Art. 170. The action to impugn the legitimacy of the child shall be brought within one
year from the knowledge of the birth or its recording in the civil register, if the husband
or, in a proper case, any of his heirs, should reside in the city or municipality where the
birth took place or was recorded.
If the husband or, in his default, all of his heirs do not reside at the place of birth as
defined in the first paragraph or where it was recorded, the period shall be two years if
they should reside in the Philippines; and three years if abroad. If the birth of the child
has been concealed from or was unknown to the husband or his heirs, the period shall
be counted from the discovery or knowledge of the birth of the child or of the fact of
registration of said birth, whichever is earlier. (263a)

 Art. 171. The heirs of the husband may impugn the filiation of the child within the period
prescribed in the preceding article only in the following cases:

(3) If the husband should died before the expiration of the period fixed for bringing
his action;
 (4) If he should die after the filing of the complaint without having desisted
therefrom; or
(5) If the child was born after the death of the husband. (262a)

 Art. 169. The legitimacy or illegitimacy of a child born after three hundred days following
the termination of the marriage shall be proved by whoever alleges such legitimacy or
illegitimacy. (261a)

 Art. 164. …that both of them authorized or ratified such insemination in a written
instrument executed and signed by them before the birth of the child. The instrument
shall be recorded in the civil registry together with the birth certificate of the child. (55a,
258a)

e. rights of legitimate children

 Art. 174. Legitimate children shall have the right:
(1) To bear the surnames of the father and the mother, in conformity with the provisions of
the Civil Code on Surnames;
(2) To receive support from their parents, their ascendants, and in proper cases, their
brothers and sisters, in conformity with the provisions of this Code on Support; and
(3) To be entitled to the legitimate and other successional rights granted to them by the
Civil Code. (264a)

e. illegitimate children (R.A. 9255 Revilla Law)

 Art. 175. Illegitimate children may establish their illegitimate filiation in the same way
and on the same evidence as legitimate children.
The action must be brought within the same period specified in Article 173, except when
the action is based on the second paragraph of Article 172, in which case the action may
be brought during the lifetime of the alleged parent. (289a)

 Art. 176. Illegitimate children shall use the surname and shall be under the parental
authority of their mother, and shall be entitled to support in conformity with this Code.
The legitime of each illegitimate child shall consist of one-half of the legitime of a
legitimate child. Except for this modification, all other provisions in the Civil Code
governing successional rights shall remain in force. (287a) (Republic Act No. 9255)
f. legitimated children
 Art. 177. Only children conceived and born outside of wedlock of parents who, at the
time of the conception of the former, were not disqualified by any impediment to marry
each other may be legitimated. (269a)
 Art. 178. Legitimation shall take place by a subsequent valid marriage between parents.
The annulment of a voidable marriage shall not affect the legitimation. (270a)
 Art. 179. Legitimated children shall enjoy the same rights as legitimate children. (272a)
 Art. 180. The effects of legitimation shall retroact to the time of the child’s birth. (273a)
 Art. 181. The legitimation of children who died before the celebration of the marriage
shall benefit their descendants. (274)
  Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights,
within five years from the time their cause of action accrues. (275a)

III. support

a. Support
 Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation, in keeping with the financial capacity
of the family.
The education of the person entitled to be supported referred to in the preceding
paragraph shall include his schooling or training for some profession, trade or vocation,
even beyond the age of majority. Transportation shall include expenses in going to and
from school, or to and from place of work. (290a)

b. who are obliged to give support

 Art. 195. Subject to the provisions of the succeeding articles, the following are obliged to
support each other to the whole extent set forth in the preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate and illegitimate children
of the latter;
(4) Parents and their illegitimate children and the legitimate and illegitimate
children of the latter; and
(5) Legitimate brothers and sisters, whether of full or half-blood (291a)
 Art. 196. Brothers and sisters not legitimately related, whether of the full or half-blood,
are likewise bound to support each other to the full extent set forth in Article 194,
except only when the need for support of the brother or sister, being of age, is due to a
cause imputable to the claimant’s fault or negligence. (291a)
 Art. 197. In case of legitimate ascendants; descendants, whether legitimate or
illegitimate; and brothers and sisters, whether legitimately or illegitimately related, only
the separate property of the person obliged to give support shall be answerable
provided that in case the obligor has no separate property, the absolute community or
the conjugal partnership, if financially capable, shall advance the support, which shall be
deducted from the share of the spouse obliged upon the liquidation of the absolute
community or of the conjugal partnership. (n)
 Art. 198. During the proceedings for legal separation or for annulment of marriage, and
for declaration of nullity of marriage, the spouses and their children shall be supported
from the properties of the absolute community or the conjugal partnership. After the
final judgment granting the petition, the obligation of mutual support between the
spouses ceases. However, in case of legal separation, the court may order that the guilty
spouse shall give support to the innocent one, specifying the terms of such order. (292a)
c. properties is liable for support
  Art. 199. Whenever two or more persons are obliged to give support, the liability shall
devolve upon the following persons in the order herein provided:
(1) The spouse;
(2) The descendants in the nearest degree;
(3) The ascendants in the nearest degree; and
(4) The brothers and sisters. (294a)

d. rules when two or more persons obliged to give support
e. rules when two or more persons claim support from the same person
a. d. amount of support
f. when is support payable by of obligor
g. performance of obligation to give support
h. exemption from attachment or execution
i. remedy of stranger who paint the support without the knowledge of a obligor
j. who made furnish support when the obligor unjustly refuses or fails to give the same?