Persons and

Family Law
Katrina Legarda
Individual quizzes in by 5pm
TODAY
THE FAMILY
What governs family relations
 Applicable Laws
 Article 149
 151
 NCC 2035
What governs family relations
 Intendment of law and presumptions:
 Solidarity of the family
 Validity of marriage
 Indissolubility of the marriage bonds
 Legitimacy of the children
 Community of property during the marriage
 Authority of parents over their children
 Validity of defense for any member of the family in case
of unlawful aggression
 Presumption of marriage when a man and a woman live
together
GROUP
 What do you notice and understand from
the cases on Arts. 150-151?
What constitutes the “family home?”
 Applicable Laws
 Art. 69
 Art. 152
 Art. 156
 Art. 120
 Art. 118
 Art. 161
NOTE – RULES:
 The land on which the family home is situated
must belong to the person constituting it as a
family home.
 If spouses, land must form part of ACP/CPG or
 Exclusive property of one spouse with latter’s
consent.
NOTE – RULES:
 If couple in 147 cohabitation = “unmarried
head of the family.”
 Not applicable to 148 couples!

 Rules apply to void (Art. 36 and 53) and

voidable marriages.
NOTE – RULES:
 It is intended to be permanent, hence, cannot
be a rented house.
Who may constitute the family home?
 Applicable Laws:
 Art. 152
 Art. 161
 Art. 92 (3)
When deemed constituted
 Applicable laws:
 Art. 153
 Art. 162
Beneficiaries
 a. Spouses
 b. Head of family
 c. Ascendants
 d. Descendants
 e. Brothers and sisters, whether legitimate or
illegitimate
Beneficiaries
 Conditions:
 1. Must be actually living in the home and
 2. Must be dependent on the spouses or head
of the family for legal support
Exemptions
 Applicable Laws:
 Art. 155
 NOTE: Exemption must be claimed by debtor,
not by sheriff.
 It is a personal privilege.
Exemptions
 Applicable Laws:
 Art. 157
 Par. 2 – seeks to give flexibility to value ceilings for
family homes.
 Apparently the courts are clothed with power to make
the adjustment here.
When may be sold
 Art. 158
Exemptions
 Applicable Laws:
 Art. 160
 Note: concurrence is required.
When terminated
 Length of continued existence depends on
whether there is still a minor – beneficiary
resident therein.
 If none, only for 10 years, and within this period,
heirs cannot partition unless there is compelling
reason.
 This rule applies regardless of who owns the
property or who constituted family home.
When terminated
 Legal separation or annulment of marriage
does not affect this period or rule, except that
in latter case, it will go to the spouse with
whom the majority of the children choose to
live (102/129/50)
GROUP
 When can the family home be dissolved?
PATERNITY
AND
FILIATION
24
Kinds of Filiation: FC 163
1. Legitimate
 a. Legitimate proper
 b. Legitimated
 c. Adopted
2. Illegitimate
 a. Of parents not disqualified to marry each
other
 b. Of parents disqualified to marry each other
3. Adopted 25
Legitimate children

26
Conceived during Marriage
 Arts. 164, 168, 43(1), 54 - Conceived during a
valid marriage.

27
Note:
 AI vs IVF.
 If no instrument, no presumption IF not the wife
who gave birth.

28
Legitimated children
 Art 177

29
Proof of Filiation

30
Of legitimate children- Arts. 172-173
 Record of birth appearing in the civil register
 Final judgment;
 Admission in a public document
 Admission in a private handwritten
instrument and signed by the parent
concerned.

31
Of legitimate children- Arts. 172-173
 In the absence of the foregoing evidence, the
legitimate filiation shall be proved 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.

32
Of legitimate children- Arts. 172-173
 Action to claim legitimacy may be brought by
the child during his or her lifetime
 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.

33
NOTE:
 Only the father, or in exceptional
circumstances, his heirs, can contest in an
appropriate action the legitimacy of a child.

34
Rights of legitimate children,
 Art 174.
 To bear the surnames of the father and the
mother;
 receive support; and
 legitimate and other successional rights

35
Rights of legitimate children,
 Art 167

36
Action to impugn legitimacy
FC 166

37
(a) physical impossibility of access
(1) Note: does not apply to conceptions by
artificial insemination

38
(b) Biological or other scientific grounds
 (2) Note: no physical impossibility of access
and no AI/IVF

39
 (c.) FC 166(3)
 (3) Note: no physical impossibility of access.

40
Who may Impugn
 ONLY THE HUSBAND

41
Who may Impugn - exceptions
 Art. 171

42
Prescription of action to impugn legitimacy
 Art. 170 :
 1 year – if husband/heirs reside in
city/municipality where birth occurred or was
registered.
 2 years – if husband/heirs reside in another place
but in RP.
 3 years – if husband/heirs reside abroad.

43
Prescription of action to impugn legitimacy
 EXCEPTION: - if birth concealed from or
unknown to husband/heirs, prescriptive
period counted from:
 a. Discovery or knowledge of birth, or
 b. Discovery or knowledge of recording.
 WHICHEVER IS EARLIER.

44
Illegitimate children

45
Who are considered illegitimate
 Art. 165. Children conceived and born outside
a valid marriage
 Note Art. 44

46
Who are considered illegitimate
 Art. 166 - Also illegitimate if father is
successful in impugning legitimacy,

47
Rights of illegitimate children
 Art. 176:
 Surname of their mother
 may use surname of their father if their filiation has
been expressly recognized
 parental authority of their mother
 support
 legitime consisting of one-half of the legitime of
a legitimate child

48
Impugning filiation Of illegitimate
children, Art. 175
 Same way and on the same evidence as
legitimate children.
 within the same period specified in Article 173,
 except if based on the second paragraph of Article
172,
 in which case the action may be brought during the
lifetime of the alleged parent.

49
Compulsory Recognition
 RPC Art. 345. Civil liability of persons guilty
of crimes against chastity.

50
Recognition may be compulsory or
voluntary.
Compulsory Voluntary
Rape, abduction or Record of birth
seduction, when period
coincides with conception
Continuous possession of Will
status
Child conceived during time Statement before a court of
of cohabitation of putative record.
parents
Any other proof that man is Authentic writing
child’s father

51
Legitimated Children

52
Legitimated Children
 Art. 177

53
Legitimated Children
 Requisites of Legitimation
 1. Child must be illegitimate
 2. Parents, at time of conception, must not have
been disqualified to marry each other,
EXCEPTION as provided in RA 9858, July 2009.
 3. Valid or voidable marriage subsequent to
child’s birth.

54
Legitimated Children
 Art. 181 - The effects of legitimation shall
retroact to the time of the child's birth.
 Different rule from NCC Art. 40

55
Legitimated Children
 Art. 181 - The legitimation of children who died
before the celebration of the marriage shall
benefit their descendants.
 Important for Succession.

56
EXERCISE
 Who may impugn legitimation?
 When should the action be filed to impugn
legitimation?
 What are the grounds to impugn
legitimation?
 RA NO. 8552,
DOMESTIC ADOPTION ACT

58
Who may adopt - GROUP
 In tabular form:
a. Who may adopt
b. Requirements for adoption

59
Requisites to be an Adopter – Sec. 7

 Husband and wife shall jointly adopt.

60
Requisites to be an Adopter – Sec. 7
 Exceptions to the requirement of a joint
adoption:
 One spouse adopts the legitimate
son/daughter of the other; or
 One spouse adopts his/her own illegitimate
son/daughter,
 provided that the other spouse had signified his/her
consent; or
 If the spouses are legally separated from
each other
 (or divorced and recognized, or marriage
annulled or nullified) 61
Joint Parental Authority when:
 Husband and wife jointly adopt, or
 One spouse adopts the illegitimate
son/daughter of the other.

62
Who May Adopt – Sec. 7
 Note in (a) - Requirement of sixteen (16) year
difference between the age of the adopter and
adoptee may be waived when:
 the adopter is the biological parent of the
adoptee, or
 is the spouse of the adoptee's parent.

63
Requisites to be an Adopter – Sec. 7
 Note in ©: The guardian with respect to the
ward
 after the termination of the guardianship and
 clearance of his/her financial accountabilities.

64
When Requirements for Alien Waived
– Sec. 7:
 NOTE: Only requirements on residency and
certification of the alien's qualification are
waived IF the alien is married to a Filipino
citizen and they seek to adopt:
 The legitimate son/daughter of the Filipino spouse; or
 They seek to adopt a relative within the 4th degree of
consanguinity or affinity of the Filipino spouse.

65
When Requirements for Alien Waived
– Sec. 7:
 NOTE: Only requirements on residency and
certification of the alien's qualification are
waived IF the alien is a former Filipino
citizen and seeks to adopt a relative within the
fourth (4th) degree of consanguinity or
affinity.
 Be careful: if the former Filipino is married to an alien or
a Former Filipino, the waiver will not apply.

66
What is NOT waived for foreigners:
 Diplomatic relations with the Philippines;
 The foreign government will allow the adoptee to
enter the country as his/her adopted son/daughter.
 So, it is better for foreigners to adopt through the
inter-country adoption law.
 There will be a visa issue otherwise.

67
GROUP
 In tabular form:
 Indicate the requirements of the following:
 1. Two Filipinos, residing in the USA, adopting the
nephew of male spouse.
 2. A foreigner and a Filipino, residing in Ilocos Norte,
adopting the nephew of the Filipino.
 3. A foreigner and a former Filipino, residing in Manila,
adopting the niece of the former Filipino.
 4. The husband who wishes to adopt the legitimate child
of his wife
Who may be Adopted - GROUP
 EXERCISE:
a. Who may be adopted
b. Conditions for the adoption
GROUP WORK
 Who must give consent to the adoption

70
Effects of a decree
of adoption

71
On status – Sec. 17
 legitimate child of the adopter(s) without
discrimination of any kind.

72
On parental authority – Sec. 16
 Except in cases where the biological parent is
the spouse of the adopter,
 all legal ties between the biological parent(s) and
the adoptee shall be severed and the same shall
then be vested on the adopter(s).

73
On hereditary rights
 Section 18. Succession. –
 In legal and intestate succession, reciprocal rights
of succession without distinction from legitimate
filiation.
 In testamentary succession - If the adoptee and
his/her biological parent(s) had left a will.

74
On hereditary rights
 Section 18. Succession. –
 What if the biological parents did not leave a
will?
 FC Art. 189. Adoption shall have the following
effects: xxx
 (3) The adopted shall remain an intestate heir of
his parents and other blood relatives.

75
On hereditary rights
 Why do we return to the Family Code for this
lacuna in the law?
 Because RA 8552 has an implied repealing
clause.
 Which means that if former law is not in conflict,
we can still use the former law.

76
On hereditary rights
 Section 18. Succession. –
 What if the adopted child did not leave a will?
 FC Art. 190. Rules on legal or intestate
succession to the estate of the adopted.

77
On hereditary rights
 Why do we return to the Family Code for this
lacuna in the law?
 Because RA 8552 has an implied repealing
clause.
 Which means that if former law is not in conflict,
we can still use the former law.

78
On name
 NCC Art. 365. An adopted child shall bear the
surname of the adopter.

79
Other Effects
 RA 8552, Sec. 13 – when PAP dies.

80
Rescission of adoption
 RA 8552, Sec. 19: ONLY by the adoptee
 (a) repeated physical and verbal
 (b) attempt on the life of the adoptee;
 (c) sexual assault or violence; or
 (d) abandonment and failure to comply with
parental obligations.

81
Rescission of adoption
 What can the adopter(s) do?
 They may disinherit the adoptee for causes
provided in Article 919 of the Civil Code.

82
INTER-COUNTRY
ADOPTION
RA 8043
83
Definition
 Inter-country adoption refers to the socio-
legal process of adopting a Filipino child by a
foreigner or a Filipino citizen permanently
residing abroad where the petition is filed, the
supervised trial custody is undertaken, and the
decree of adoption is issued outside the
Philippines.

84
Requisites to be an Adopter – Sec. 9
 An alien or a Filipino citizen permanently
residing abroad:
 at least twenty-seven (27) years of age and
 at least sixteen (16) years older than the child to
be adopted, at the time of application
 unless the adopter is the parent by nature of the child
to be adopted or the spouse of such parent

85
Requisites to be an Adopter – Sec. 9
 If married, spouse must jointly file for the
adoption.

86
Who may be Adopted – Sec. 3
 Legally-free child
 Person below fifteen (15) years of age

87
88
KINDS
 Conventional – that which is created by will
of man, manifested by voluntary acts.
 An example of conventional support is as
follows:
 X donates land to Y.
 However X imposes a mode – Y has to support
X’s mother

89
KINDS
 Natural support is the duty of parents to give
support to their children and is co-terminus
with their parental authority over them and
duty subsists so long as the child is not
emancipated.

90
KINDS
 Judicial – ordered by the court.
 Support pendent lite, given during the pendency
of a case, and is provisional judicial support.
  Legal or statutory – that which is provided by
law.

91
What comprises support – FC Art. 194
 Indispensable for sustenance, dwelling,
clothing, medical attendance, education and
transportation, in keeping with the financial
capacity of the family.
 education 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.
92
Who are obliged to provide support –FC
Art. 195
 (1) 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

93
Who are obliged to provide support –
FC Art. 196
 Brothers and sisters
 not legitimately related,
 full or half-blood,
 full extent
 except when need is due to a cause imputable to
the claimant's fault or negligence

94
Note Article 196
 Duty of brothers and sisters arise only when
there are no ascendants or descendants
capable of granting support.
 Illegitimate siblings –
 a. Coverage of support is the same as for other
relatives
 b. Obligations has a qualification, unlike other
relatives.

95
Who are obliged to provide support –
FC Art. 197
 Support of legitimate ascendants;
descendants, and brothers and sisters
 only the separate property of the person obliged
to give support shall be answerable
 provided that, in case the obligor has no separate
property, ACP/CPG, if financially capable, shall
advance the support,
 To be deducted from the share of the spouse upon
liquidation of ACP/CPG.

96
RULES
 For spouses – it is fact of marriage. Must prove a
valid marriage to be entitled to support.
 Relationship of parties must be established before
support can be demanded. And, imperative necessity
must be proven.
 Unborn child entitled to support.

97
Source of Support –FC Art. 197
 Correlate FC 197 with FC 122, 3rd par. if
regime is CPG, with FC 94(9) if ACP.
 Only the separate property of the persons
obliged to give support shall be answerable –
general rule.

98
Order of Support - FC Art. 199
Establishes order of preference of GIVERS of
support.
 Note: qualification of FC 196(2) is eliminated.

99
Order of Support - FC Art. 200
Establishes order of preference of RECIPIENTS
of support.
 When several relatives come to a particular relative
for support, the relative who will give support must
follow Article 200.
 If the relative who will give support has enough, he
must give all those enumerated in Article 199. If the
relative does not have enough, then the hierarchy
enumerated in Article 199 must be followed.
100
Order of Support - FC Art. 204
 Obligor has the option, however, limited by moral or
legal obstacle.
 Only obligor can waive the option.
 If obligor has remarried, moral obstacle, but not
misunderstanding with in-laws.
 NOTE: wife cannot be compelled to live with her
husband.

101
Manner and Time of Payment
 Judicial demand is necessary.
 Support is demandable from the time the person who has
the right to receive it needs it.
 However, it is payable only from judicial or extrajudicial
demand.

102
Manner and Time of Payment
 These rules are really instances of quasi-contracts,
derived from NCC Arts. 2164 and 2166.

103
Amount of Support
 Amount of support may be increased or reduced
depending on needs of recipient. Can never be a final
judgment.
 Shall be proportionate to the resources of the giver and
the necessities of the recipient. Amount is variable.
 A reduction in support cannot be retroactive. This is a
vested right. Past payments cannot be off-set, nor can it be
refunded.

104
Renunciation and Termination
 Note Art. 2035
 Note Arts 194, 195 and 196.

105
Support Pendente Lite – FC 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.

106
107
Concept of parental authority

 Patria Potestas – rights of parents over the

person and property of their children.

108
Who exercises parental authority
 Art. 211
 In case of disagreement, the father's
decision shall prevail, unless there is a
judicial order to the contrary.

109
Who exercises parental authority
 Art. 213 – Court can designate.

110
 Custody is different
From Parental Authority

111
Transfer of parental authority
 Art. 210 - may not be renounced or
transferred except in the cases authorized
by law.

112
EXCEPTIONS:
 Guardianship  Death, absence,
unsuitability of parents (FC
 Legal adoption
214)
 Final order or  Entrusting disadvantaged
judgment of the court children to children’s
(FC 223, 224) homes, orphanages, etc.
 Substitute parental (FC 217)
authority (214)
 Surrender by parents, in
writing, to charitable
 Separation of the institutions (Act No. 3042,
parents (FC 198, 49) March 16, 1923)
113
Substitute Parental Authority
 Art. 214 –
 In case of death, absence or unsuitability of the parents,
 Exercised by the surviving grandparent.

114
Substitute Parental Authority
 Art. 216 – if no Court designation:
 (1) The surviving grandparent, as provided in Art. 214;
 (2) The oldest brother or sister, over twenty-one years of
age, unless unfit or disqualified; and
 (3) The child's actual custodian, over twenty-one years of
age, unless unfit or disqualified.
 in the order indicated

115
Substitute Parental Authority – FC 217
 foundlings, abandoned, neglected or abused children
and other children similarly situated,
 parental authority shall be entrusted
 in summary judicial proceedings
 to heads of children's homes,

116
Substitute Parental Authority
 Art. 233 - same authority over the person of the child
as the parents.

117
Special Parental Authority
 Arts. 218 and 219, 233 - The school, its
administrators and teachers, or the individual, entity
or institution engaged in child care
 all authorized activities whether inside or outside the
premises of the school
 principally and solidarily liable for damages caused by
the acts or omissions of the unemancipated minor
 Cannot inflict corporal punishment upon the child.

118
Filial privilege
 Art. 215 – what is prohibited is compulsion.
 Applicable only in criminal cases.

119
Effects of PA over the child’s person
 Art. 220 - Rights and duties of parents – not
exclusive.
 Courts can be asked to help, e.g.
 1. Appointment of guardian
 2. Disciplinary measures for child
 3. Possible commitment in an institution
 4. Suspending or depriving parental authority.

120
Effects of PA over the child’s person
 Art. 221 Parents and other persons exercising
parental authority shall be civilly liable for the
injuries and damages
 caused by the acts or omissions of their unemancipated
children
 living in their company and
 under their parental authority subject to the appropriate
defenses provided by law.

121
Effects of PA over the child’s person
 Art. 219 - The parents, judicial guardians or the
persons exercising substitute parental authority over
said minor shall be subsidiarily liable
 Should schools be insolvent.

122
Effects of PA over the child’s property -
 Art. 225 - father and the mother shall jointly
exercise legal guardianship
 In case of disagreement, the father's decision shall prevail,
unless there is a judicial order to the contrary.
 Note – rule is different for illegitimate children

123
Effects of PA over the child’s property -
 Art. 226 - Profectitious Property

124
 Profectitious property:
 Ownership – parents
 Usufruct = parents, but child entitled to
reasonable monthly allowance, not less
than what would have been paid to a
stranger, unless entire proceeds given to
child.
 Administration – child, granted to him by
parents.
125
Effects of PA over the child’s property
 Art. 227 – Adventitious property

126
 Adventitious Property:
 Ownership – child
 Usufruct – child
 Administration – parents

127
 Loss of
Parental Authority

128
Irreversible termination
a. Death of parents - Art. 228
b. Death of child
c. Emancipation
d. Court order under Art. 232 – sexual abuse.

129
Reversible termination
 Adoption of the child;
 Appointment of a general guardian;
 Administrative declaration of abandonment of the
child – (note law has changed);
 Final judgment divesting parental authority; or
 Judicial declaration of absence or incapacity
 Revocation of adoption – Rep Act 8552 – by
adoptee, if still minor, returns to parental authority of
natural parents.
130
Suspension
a. Conviction of crime involving moral turpitude
with accessory penalty of civil interdiction (FC
230)
b. Court order under FC 231

131
OBQ 3
 a. State three (3) things an insane person is
not capacitated to do.
 b. What does prodigality mean?
OBQ 3
 c. Adolfo is a former Filipino residing in Timbuktu.
State what laws govern:
 i. His capacity to contract marriage in Timbuktu.
 ii. His successional rights as regards his deceased
Indian mother’s property in Nepal.
 iii. The extrinsic validity of the last will and
testament which Adolfo executed while he was on
holiday in the Maldives.
 iv. The intrinsic validity of said will.
OBQ 3
 d. Can a yaya exercise substitute parental authority?
Explain your answer.
 e. In 1987, Jose and Evelyn, both Filipino citizens, were
married in Makati, Metro Manila. In 1990, they went to
Australia and established their residence in Sydney. In 2000,
Jose, claiming to have been abandoned by Evelyn, secured a
divorce decree from Guam, USA. In 2002, Jose applied for
and was granted Australian citizenship. In 2003, Jose
returned to the Philippines and married Teresita. Also in
2003, Evelyn married Anacleto, a man of Mexican parentage,
in Sydney.
OBQ 3
 1. Is the marriage between Jose and Teresita valid?
Explain.
 2. Is the marriage between Evelyn and Anacleto
valid? Explain.
 3. Would the renvoi doctrine have any relevance to
this case? Explain.
OBQ 3
f. Falor and Junio were married in Iloilo City in 1987.
In 1989, Falor was offered a nursing job in the United
Kingdom, which she accepted. In 1994, Falor applied
for and was granted British citizenship. In 1995, she
sued for divorce from Junio in a British court. Junio was
properly served summons, but he did not participate in
the ensuing divorce proceedings. Falor obtained a
decree of absolute divorce, and thereafter, she married
Lord Montagu, her 89-year old patient. Can Junio marry
again in the Philippines? Explain your answer.
Do you have any questions?
 These questions must be specific and the
answers to which cannot be found even after
you have set down your handwritten notes,
codal provisions, cases, and secondary
references. 
 If still in “doubt” – please email me and the
whole class.
After Midterms- - digests please on:
 ALL the cases dealing with Classification of
Property up to Possession.
See you then.