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Edoc - Pub Persons and Family Relations Midterm Reviewer
Edoc - Pub Persons and Family Relations Midterm Reviewer
KATRINA LEGARDA | 1
FAMILY CODE property during marriage, the authority of parents over their children, and the
Marriage is a contract only in form, but in essence it is an institution of public validity of defense for any member of the family in case of unlawful aggression.
, fo unded on custom and mora lity. It is a contract sui genereis which cannot
order
be compared to any other contract. It is a convention of a social character, based on Promise to marry has no obligatory force; therefore as a rule its breach cannot
consent of the parties, which unites a man and a woman in a juridical act for the give rise to liability for damages. Marriage as a contract is different from ordinary
purposes of procreation and other material and moral ends necessary for the contracts:
development of personality. Ordinary Marriage
Sex Irrelevant Must be by 1 man and 1
FC 1 cf. NCC 52, FC 149 woman
Article 1. Marriage is a special contract of permanent union between a man and a Force of law Agreement of parties The law fixes the duties
woman entered into in accordance with law for the establishment of conjugal and have the force of law and rights of spouses
family life. It is the foundation of the family and an inviolable social institution Breach of Contract Gives rise to damages None
whose nature, consequences, and incidents are governed by law and not subject to Termination Terminable upon mutual Non-terminable
stipulation, except that marriage settlements may fix the property relations during agreement
the marriage within the limits provided by this Code. (52a)
NCC 19 - 21; NCC 2176; NCC 1403 2(c)
Art. 149. The family, being the foundation of the nation, is a basic social institution Art. 19. Every person must, in the exercise of his rights and in the performance of
which public policy cherishes and protects. Consequently, family relations are his duties, act with justice, give everyone his due, and observe honesty and good
governed by law and no custom, practice or agreement destructive of the family faith.
shall be recognized or given effect. (216a, 218a) Art. 20. Every person who, contrary to law, wilfully or negligently causes damage
As enshrined in the Constitution, it is the foundation of the family and the origin of to another, shall indemnify the latter for the same.
domestic relations of the utmost importance to civilization and social progress;
hence, the State is deeply concerned and is a party in its maintenance in purity Art. 21. Any person who wilfully causes loss or injury to another in a manner that is
and integrity. contrary to morals, good customs or public policy shall compensate the latter for
the damage.
Art II Sec. 12, 1987 Constitution
Section 12. The State recognizes the sanctity of family life and shall protect and Art. 1403. The following contracts are unenforceable, unless they are ratified:
strengthen the family as a basic autonomous social institution. It shall equally (2) Those that do not comply with the Statute of Frauds as set forth in this number.
protect the life of the mother and the life of the unborn from conception. The In the following cases an agreement hereafter made shall be unenforceable by
natural and primary right and duty of parents in the rearing of the youth for civic action, unless the same, or some note or memorandum, thereof, be in writing, and
efficiency and the development of moral character shall receive the support of the subscribed by the party charged, or by his agent; evidence, therefore, of the
Government. agreement cannot be received without the writing, or a secondary evidence of its
contents:
Art. XV Sec. 2, 1987 Constitution (c) An agreement made in consideration of marriage, other than a mutual promise
Section 2. Marriage, as an inviolable social institution , is the foundation of the to marry;
family and shall be protected by the State.
NC22
NCC 220 Art. 22. Breach of contract. — Any person who has entered into a contract to
Art. 220. In case of doubt, all presumptions favour the solidarity of the family . marry but subsequently refuses without reasonable ground to marry the other
Thus, every intendment of law or facts leans toward the validity of marriage, the party who is willing to perform the same shall pay the latter the expenses incurred
indissolubility of the marriage bonds, the legitimacy of children, the community of
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 2
for the preparation of the marriage and such damages as may be granted by the marriage in the absence of a marriage certificate, oral evidence will suffice as long
court. as it is not objected.
FC 29. In the cases provided for in Art 27 and 28, the solemnizing officer shall state (2) Any priest, rabbi, imam, or minister of any church or religious sect
in an affidavit executed before the local civil registrar or any other person legally duly authorized by his church or religious sect and registered with the
authorized to administer oaths that the marriage was performed in articulo mortis civil registrar general, acting within the limits of the written authority
or that the residence of either party, specifying the barrio or barangay, is so located granted by his church or religious sect and provided that at least one of
that there is no means of transportation to enable such party to appear personally the contracting parties belongs to the solemnizing officer's church or
before the local civil registrar and that the officer took the necessary steps to religious sect;
ascertain the ages and relationship of the contracting parties and the absence of
legal impediment to the marriage.
(3) Any ship captain or airplane chief only in the case mentioned in Article
FC 30. The original of the affidavit required in the last preceding article, together 31: A marriage in articulo mortis between passengers or crew
with the legible copy of the marriage contract, shall be sent by the person members may also be solemnized by a ship captain or by an airplane
solemnizing the marriage to the local civil registrar of the municipality where it was pilot not only while the ship is at sea or the plane is in flight, bu t also
performed within the period of thirty days after the performance of the marriage. during stopovers at ports of call
Marriage in articulo mortis may also be solemnized by: (4) Any military commander of a unit to which a chaplain is assigned, in
the absence of the latter, during a military operation, likewise only in the cases
- a ship captain or by an airplane pilot between passengers or crew mentioned in Article 32: A military commander of a unit, who is a commissioned
members, not only while the ship is at sea or the plane is in flight, but officer, shall likewise have authority to solemnize marriages in articulo mortis
also during stopovers at ports of call. (FC 31) between persons within the zone of military operation, whether members of the
armed forces or civilians.
- A military commander of a unit, who is a commissioned officer,
between persons within the zone of military operation, whether (5) Any consul-general, consul or vice-consul in the case provided in Article
members of the armed forces or civilians. (FC 32) 10 : Marriages between Filipino citizens abroad may be solemnized by a consul-
general, consul or vice-consul of the Philippines.
Manzano vs. Judge Sanchez, A.M. No. MTJ-00-1329 March 8, 2001 NCC 56, 74, 75: Basically the same with the provisions of the FC re: solemnizing
Judge Sanchez was found guilty of ignorance of law for solemnizing a marriage officer
wherein both parties are still legally married. Affidavits of the parties stating that
they are separated are not enough and cannot be accepted as just reason to Art. 56. Marriage may be solemnized by:
remarry. Subsisting marriage is a legal impediment and legal separation does not (1) The Chief Justice and Associate Justices of the Supreme Court;
sever the marriage bonds. (2) The Presiding Justice and the Justices of the Court of Appeals;
(3) Judges of the Courts of First Instance;
De Castro vs. De Castro, G.R. 160172, February 13, 2008 (4) Mayors of cities and municipalities;
validity of marriage can be collaterally attacked even in an action for support . (5) Municipal judges and justices of the peace;
Such will determine the legitimacy/illegitimacy of the child. (6) Priests, rabbis, ministers of the gospel of any denomination, church, religion or
sect, duly registered, as provided in Article 92; and
WHO MAY SOLEMNIZE MARRIAGE (7) Ship captains, airplane chiefs, military commanders, and consuls and vice-
consuls in special cases provided in Articles 74 and 75.
FC 7:
(1) Any incumbent member of the judiciary within the court's jurisdiction ;
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 8
Art. 74. A marriage in articulo mortis may also be solemnized by the captain of a remote places (c) request of both parties in writing & sworn statement
ship or chief of an airplane during a voyage, or by the commanding officer of a (Art. 8 FC).
military unit, in the absence of a chaplain, during war. The duties mentioned in the
two preceding articles shall be complied with by the ship captain, airplane chief or Navarro v. Domagtoy S.C. A.M. MTJ-96-1088, July 19, 1996
commanding officer. (n) - Presumption of spouse’s death made without summary proceeding
is void. Marriage ceremony that followed is likewise VOID. Also
Art. 75. Marriages between Filipino citizens abroad may be solemnized by consuls outside judge’s jurisdiction.
and vice-consuls of the Republic of the Philippines. The duties of the local civil
registrar and of a judge or justice of the peace or mayor with regard to the FC 7 – solemnizing officers – member of judiciary, priests, captain of ship, military
celebration of marriage shall be performed by such consuls and vice-consuls. (n) commander, consul general.
Republic vs CA FC68.
Apolinaria filed for presumptive death of her husband Clemente Jomoc after being The husband and wife are obliged to live together, observe mutual love, respect
absent for 9 years. Such declaration is under a summary proceeding. and fidelity, and render mutual help and support . (109a)
Elements of bigamy – legally married, first marriage has not been dissolved, FC70.
contracts a second marriage, and it would have been valid. The spouses are jointly responsible for the support of the family . The expenses for
such support and other conjugal obligations shall be paid from the community
Vitug – except for a void marriage due to PI , declaration of nullity of previous property and, in the absence thereof, from the income or fruits of their separate
marriage may be a defense against bigamy . Void marriages are inexistent from the properties. In case of insufficiency or absence of said income or fruits, such
beginning and no judicial decree is required to establish nullity. obligations shall be satisfied from the separate properties. (111a)
voidable marriage is not a defense .
If due to PI
, it must be judicially declared FC71.
The management of the household shall be the right and the duty of both
PSYCHOLOGICAL INCAPACITY spouses. The expenses for such management shall be paid in accordance with the
FC44. provisions of Article 70. (115a)
If both spouses of the subsequent marriage acted in bad faith, said marriage shall
be void ab initio and all donations by reason of marriage and testamentary FC72.
dispositions made by one in favor of the other are revoked by operation of law. (n) When one of the spouses neglects his or her duties to the conjugal union or
commits acts which tend to bring danger, dishonor or injury to the other or to the
FC36. family, the aggrieved party may apply to the court for relief . (116a)
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 11
wif e’s lack of attention to children ; lack of intention to procreative sexuality; and
FC73. immaturity not psychological incapacity
Either spouse may exercise any legitimate profession, occupation, business or
activity without the consent of the other . The latter may object only on valid, RP v. Quintero-Hamano
serious, and moral grounds . Japanese husband’s abandonment not psychological incapacity
In case of disagreement, the court shall decide whether or not:
(1) The objection is proper; and Dedel v. CA
(2) Benefit has occurred to the family prior to the objection or thereafter. If the wife’s infidelity which (didn’t exist prior the marriage); her abandonment; that she
benefit accrued prior to the objection, the resulting obligation shall be enforced had sexual affairs with several men not psychological incapacity
against the separate property of the spouse who has not obtained consent.
The foregoing provisions shall not prejudice the rights of creditors who acted in Antonio v. Reyes
good faith. (117a) SC granted! - pathological liar psychological incapacity
Almelor vs. RTC NCC - 80 (7) - Void mariage if between step brothers / sisters
Homosexuality (which was not proven that it was concealed before the marriage
not psychological incapacity.
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 13
NCC - 82 - Relations that are by "step-father/mother etc" and through adoption Petitioner files for dissolution of conjugal partnership, and then respondent files for
likewise can't marry each other nullity on grounds of psych incapacity. TC grants nullity coz of PI. Later on
respondent marries again, petitioner files for against the decision on grounds of PI
FC - 52-53 - (see below) but is denied. SC: Grants the petition stating the declaration of nullity was w/o a
*Presumptive legitime is defined as what the children will get if parents die today state appointed attorney to prevent collusion hence, the case is remanded.
FC – 237 - Annulment or declaration of nullity of a marriage of minors revives Salcedo - Ortanez vs CA
parental authority over the minor Respondent files for annulment for lack of marriage license and/or psych incapacity
and provides 3 taped telephone conversations of the petitioner as evidence.
FC - 48 - Court shall order prosecuting attorney to appear on behalf of the State to Petitioner challenges the use of tapes as evidence but is dismissed by the CA. SC:
prevent collusion in all cases of annulment or declaration of absolute nullity of the tapes are obtained in violation of the anti-wiretapping law , CA decision is set
marriage aside.
Divorce in 1903 is only legal separation. The parties can still not remarry. Only Diego Vs Castillo
adultery or concubinage is the ground for divorce . Lucena Escoto contracted marriage with Jorge de Perio, Jr. The couple were both
Filipinos. A divorce was granted in Texas. Subsequently, the same Crescencia Escoto
Arca Vs Javier contracted marriage with complainant’s brother, Manuel Diego. Judge Castillo
The divorce was invalid. The Court held that the court in Mobile County in Alabama acquitted Escoto of the crime of bigamy because he ruled that the crime was not
did not have jurisdiction over the case for the simple reason that at the time it was committed with criminal intent. Judge Castillo is liable for gross ignorance of the
filed appellant's legal residence was then in the Philippines . He was just a member law. He must have known that the law in a foreign country is not binding to the
of the navy and merely rented a room in the US just to avail of divorce . citizens of the Philippines . Furthermore, it was not a mistake of fact as he claims it
to be so.
Van Dorn Vs Romillo
The divorce decree is recognized in the Philippines . Pursuant to his national law, Republic Vs Orbecido Iii
Richard is no longer the husband of Alice. He would have no standing to sue in the FC 26 shall also apply to married couple who are both Filipinos but with one
case below as petitioner's husband entitled to exercise control over conjugal gaining a different citizenship later on. However, there was lack in evidence to
assets. prove the claims of Orbecido. For his plea to prosper, the respondent must prove
his allegation that his wife was naturalized as an American citizen, must prove the
Pilapil Vs Somera divorce as a fact and demonstrate its conformity to the foreign law allowing it, and
A divorce was granted in Germany. After five months, Geiling filed for two that such foreign law must also be proved as our courts cannot take judicial notice
complaints of adultery against Pilapil. Under the same considerations and rationale, of foreign laws. Furthermore, the respondent must also show that the divorce
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 21
decree allows his former wife to remarry as specifically required in Article 26. FC 238-248
Otherwise, there would be no evidence sufficient to declare that he is capacitated Art. 238. Until modified by the Supreme Court, the procedural rules provided for in
to enter into another marriage. this Title shall apply as regards:
1. separation in fact between husband and wife,
San Luis Vs San Luis 2. abandonment by one of the other, and
The divorce was recognized in the Philippines . The CA remanded the case to the 3. incidents involving parental authority. (n)
RTC. It was stated in the Family Code Article 147 as well as in Van Dorn vs Romillo
that if a foreign spouse divorces his/her Filipino spouse by virtue of a foreign law on Chapter 2. Separation in Fact
divorce, it shall be deemed as valid in the Philippines.
Art. 239. For judicial authorization for a transaction, verified petition may be filed
Catalan Vs Ca in court alleging:
The case was remanded to the RTC because the Court was not sure if the divorce 1. De facto separation or abandonment
granted was absolute. It was proven that both are naturalized American citizens 2. There is an action where a spouse’s consent is required by law
but petitioner will only have a personality if the divorce granted to them in Orlando 3. Consent is withheld or cannot be obtained
was limited divorce.
Proposed deed shall be attached to or described in the petition. The final deed to
Bayot Vs Ca be executed shall be submitted and approved by the court.
The divorce was binding because Rebecca was an American citizen during the time
this case was pending. Furthermore, Rebecca was still an American citizen when Art. 240. Claims for damages, except costs of the proceedings, may be litigated
the divorce was granted . only in a separate action. (n)
You have to go to court to have the foreign divorce recognized before you can
remarry. It does not explicitly say that the marriage is dissolved but it allows the Art. 241. Upon proof of notice to the other spouse, jurisdiction over the petition
Filipino spouse, not the alien, to bring up issues on support, property and rights to shall be exercised by :
succession. a. the family court, if one exists, or
b. the regional trial court or its equivalent sitting in the place where either of
SEPARATION OF SPOUSES the spouses resides. (n)
Benedicto v. De la Rama (1907) Art. 242. The court shall serve the spouse (whose consent is required) at his/her
Liquidation of conjugal property upon dissolution must follow the procedure set last known address with a Show Cause Order, Notice of Initial Conference and a
forth in the Civil Code. copy of the petition .
CFI granted a decree of divorce to Agueda and Benedicto on account of the latter’s Art. 243. Preliminary conference with the judge: no assistance from the counsel.
adultery, ordering Benedicto to give Agueda half of the fruits of their partnership as After the initial conference: parties may be assisted by counsel at the succeeding
her share in the conjugal property. Phil SC reversed CFI decision and US SC reversed conferences/hearings.
Phil SC, affirming CFI. On another appeal to SC, the case was finally remanded to
CFI to determine the proper amounts and follow the liquidation procedure set Art. 244. The court shall inquire into the reasons for the non-consenting spouse’s
forth in CC. failure to appear, and shall require appearance, if possible. (n)
CC 1418, 1424, 1426 – to settle conjugal property after it has been dissolved. Art. 245. The court may proceed ex parte and render judgment as the facts and
Inventory required. circumstances may warrant. The judge shall endeavor to protect the interests of
the non-appearing spouse . (n)
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In re: Atty. Rufillo Bucana (1976)
Art. 246. If unresolved after initial conference, petition shall be decided in a Sorry, this seems completely off tangent.
summary hearing on the basis of affidavits, documentary evidence or oral
testimonies. Formaldehyde and cutting agent were shipped from New York to Manila, only
formaldehyde was delivered. A cryptic message was sent to signify the loss, no
If testimony is needed , the court shall specify: description or value was mentioned. The owner filed an action for damages, and
1. the witnesses to be heard the Court ruled on the reckoning point of the 15-day period wherein notice
2. the subject-matter of their testimonies, directing the parties to present attaches liability to either the insurance company or the shipping owner.
said witnesses. (n)
FC 26 par.2
Art. 247. Judgment shall be immediately final and executory. (n) Art. 26. Marriages abroad, if in accordance with the laws in force in the country
where they were solemnized, and valid there as such, shall also be valid in this
Art. 248. Same rules as outlined above shall govern petition for judicial authority to country, except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37 and
1. administer or encumber specific separate property of the abandoning 38. (17a)
spouse and
2. to use the fruits or proceeds thereof for the support of the family . Filipino m. Foreigner: If the alien spouse obtains a valid foreign divorce,
capacitating him or her to remarry, Filipino spouse may remarry under Philippine
NCC 221 (1) law too. (As amended by Executive Order 227)
Art. 221. void and of no effect:
(1) contract for personal separation; Tenchavez v. Escano (1965)
(2) extra-judicial agreement, during marriage, for the dissolution of the A foreign divorce obtained by Fi lipinos during the effectivity of the NCC is invalid.
CPG or of ACP; Remarriage or cohabitation with another by either spouse is a ground for legal
(3) collusion to obtain legal separation, or annulment; separation and entitles the other to damages.
(4) simulated alienation of property to deprive the heirs of legitime.
Pastor Tenchavez filed for legal separation from Vicenta Escano who left him shortly
Albano v. Gapusan after their marriage, to go to the US, thereafter obtaining a foreign divorce and
A notary should not facilitate the disintegration of a marriage and the family by marrying someone else. SC pronounced the foreign divorce invalid, and her affair
encouraging the separation of the spouses and extrajudically dissolving the with second husband adulterous . SC awarded damages and granted legal
conjugal partnership. separation to Pastor.
The case is a malpractice suit against Judge Gapusan for having notarized an Van Dorn v. Romillo (1985)
agreement for the personal separation and extrajudicial partition of conjugal It is not just, after a valid divorce was obtained at the instance of the foreign
property of a married couple, providing, among others, that they shall not file a spouse, to consider the Filipino spouse still married to the foreign spouse while the
case against each other in the event that either shall commit concubinage or latter is not anymore married to the former. (Hehe please rephrase)
adultery. Although the Court cannot impose disciplinary sanction because he was
already a municipal judge, a member of the bar should be censured for having Filipina married American in 1972. They were divorced in 1982 (where in his SPA, he
notarized documents that subvert the institutions of marriage and the family . cited incompatibility and absence of conjugal property). By 1983, he asked the court
to require Filipina to submit an accounting of her Manila business which he claimed
NCC 52 – Marriage is an inviolable social institution he has a right over as it was conjugal property. SC held that since the divorce is
NCC 216 – The family is a basic social institution that public policy protects. valid in the US, and he is not repudiating it, he is no longer Filipina’s husband
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 23
pursuant to his national law. Ergo, he’s not entitled to control over and he cannot 1. First and second repudiation – husband can take wife back without a need
still be a possible heir to that which he claimed to be conjugal property. of new contract of marriage, and
2. Third – irrevocable.
Obiter: She should not be discriminated against in her own country if the ends of
justice are to be served. Art. 47. Ila. — Where a husband makes a vow to abstain from any carnal
relations (ila) with his wife and keeps such ila for a period of not less than four
Somera v, Pilapil (1989) months, she may be granted a decree of divorce by the court.
An adultery charge can only be prosecuted upon sworn written complaint of the
offended spouse— jurisdictional requirement. Art. 48. zihar. — Where the husband has injuriously assimilated (zihar) his wife to
any of his relatives within the prohibited degrees of marriage, the wife may ask the
Filipina married German. They separated and German obtained a valid divorce court to require her husband to perform the expiation or to pronounce a regular
decree in Germany. Subsequently, German filed an adultery case against Filipina talaq.
and her alleged paramour. SC held that after a valid divorce is obtained by the
foreigner spouse, both cease to be the spouse of the other, ergo, they lose their Art. 49. li'an. — Where the husband accuses his wife in court of adultery, a
standing to sue. decree of perpetual divorce may be granted by the court after due hearing and
after the parties shall have performed the prescribed acts of imprecation (li'an).
Muslim Code 45-55
Art. 50. Divorce by khul'. — The wife may, after having offered to return or
Divorce (Talaq) renounce her dower or to pay any other lawful consideration for her release
Section 1. Nature and Form. — (khul') from the marriage bond, petition the court for divorce.
Art. 45. Definition and forms. — Divorce is the formal dissolution of the marriage Art. 51. Tafwid (by authorization of the husband) . — If the husband has delegated
bond in accordance with this Code to be granted only after the exhaustion of all (tafwid) to the wife the right to effect a talaq at the time of the celebration of the
possible means of reconciliation between the spouses. It may be effected by: marriage or thereafter, she may repudiate the marriage .
By husband: Art. 52. faskh. — Grounds for a judicial decree at the instance of the wife :
(a) Repudiation of the wife by the husband (talaq);
(d) Acts of imprecation (li'an); (a) Neglect or failure of the husband to provide support for the family for at least
six consecutive months;
By wife: (b) Conviction of the husband by final judgment sentencing him to imprisonment
(b) Vow of continence by the husband (ila); for at least one year;
(c) Injurious assimilation of the wife by the husband (zihar); (c) Failure to perform for six months without reasonable cause his marital
(e) Redemption by the wife (khul'); obligation in accordance with this code;
(f) Exercise by the wife of the delegated right to repudiate (tafwld); or (d) Impotency of the husband;
(g) Judicial decree (faskh). (e) Insanity or incurable disease which would make the continuance of the
marriage relationship injurious to the family;
Art. 46. Talaq. — (1) may be effected by the husband in a single repudiation of (f) Unusual cruelty
his wife during her non-menstrual period (tuhr) within which he has totally (g) Any other cause recognized under Muslim law .
abstained from carnal relation with her.
Art. 53. Faskh on the ground of unusual cruelty. — Grounds:
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 24
(a) Habitual assault and cruel conduct; j) Abandonment without justifiable cause for more than 1 year.
(b) Association with people of Ill-repute ;
(c) Compels her to dispose of her exclusive property ; FC 55 (8)
(d) Obstructs observance of her religious practices; or Grounds for filing a petition for legal separation
(e) Treats her unjustly and inequitably as enjoined by Islamic law. (8) Sexual infidelity or perversion
Supreme Court however said that the mere agreement to filing of petition or the Pacete v. Cariaga
fact that one party admitted adultery should not be basis for dismissal . What the SC says that in legal separation, parties (in this case the defendants) should be
law forbids is legal separation based solely on a stipulation of facts. allowed to present evidence and no judgement should be based on a stipulation
of facts -especially if the facts came from the petitioner alone. What makes this
In the instant case, there was an admission of adultery and evidence was case special is that the respondent (husband) who was allegedly living with another
presented to prove adultery. Hence they should be legally separated because the woman asked again and again for an extension to present evidence which the trial
decree is not solely based on admission and stipulation of facts but also on court denied, hence he was declared in default. It was held that the trial court
evidence presented. committed grave abuse of discretion in deciding the case based on the stipulation
of facts. Evidence should be presented in order for the court to decree legal
Lapuz vs Eufemio separation.
Does the death of the plaintiff before final decree , in an action for legal separation,
abate the action? FC 61 par. 1
After the filing of the petition for legal separation, the spouses shall be entitled to
An action for legal separation which involves nothing more than the bed-and-board live separately from each other
separation of the spouses is purely personal. The Civil Code of the Philippines
recognizes this in its Article 100, by allowing only the innocent spouse (and no one FC 61 par. 2
else) to claim legal separation; and in its Article 108, by providing that the spouses The court, in the absence of a written agreement between the spouses , shall
can, by their reconciliation, stop or abate the proceedings and even rescind a designate either of them or a third person to administer the absolute community
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 27
or the conjugal partnership property . The administrator appointed by the court granted temporary administration to the wife because she was administering the
should have the same powers and responsibilities as those of a guardian under the property for the past 19 years without complaint from the husband. An injunction
rules of court. against the husband is necessary to protect the interests of mother and children.
FC 198. FC 56:
During the proceedings for legal separation or for annulment of marriage, and for The petition for legal separation shall be denied on any of the following grounds:
declaration of nullity of marriage, the spouses and their children shall be supported (2) Where the aggrieved party has consented to the commission of the offense or
from the properties of the absolute community or the conjugal partnership. After act complained of;
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 NCC 100.
the guilty spouse shall give support to the innocent one, specifying the terms of such The legal separation may be claimed only by the innocent spouse, provided there
order. has been no condonation of or consent to the adultery or concubinage. Where both
spouses are offenders, a legal separation cannot be claimed by either of them.
FC 49. Collusion between the parties to obtain legal separation shall cause the dismissal of
During the pendency of the action and in the absence of adequate provisions in a the petition.
written agreement between the spouses, the Court shall provide for the support of
the spouses and the custody and support of their common children. The Court shall Matubis v. Praxede
give paramount consideration to the moral and material welfare of said children Although an agreement between spouses for neither party to prosecute the other
and their choice of the parent with whom they wish to remain as provided to in Title for concubinage/bigamy is void and contrary to law, such agreement amounts to
IX. It shall also provide for appropriate visitation rights of the other parent. consent which prevents either of them from being able to petition for legal
separation.
Yangco v. Rohde
902 “Divorce” case. Alimony pendente lite may not be granted to a woman whose People v. Sensano and Ramos
status as a lawful wife of the defendant has not yet been established. A second charge of adultery is not a ground for legal separation where the husband
abandoned the wife after she served her sentence for her first conviction, and did
De la Viña v. Villareal not do anything for several years when she reunited with her lover. The husband is
920. Alimony pendente lite may not be granted to wife pending litigation of legal deemed to have consented to her second adulterous act.
separation case.
FC 63: THE EFFECTS OF LEGAL SEPARATION
Lerma v. CA 1. They can live separately from each other but marriage bonds are not
Adultery is a defense against the wife’s claim for support pendente lite. severed
2. ACP or CPG shall be dissolved and liquidated but the offending spouse has
Araneta v. Concepcion no right on the net profits earned by the ACP and CPG in accordance with
Legal separation filed by husband on the ground of wife’s adultery; Evidence not 43(2)
affecting the cause of the separation, like the actual custody of children, the means 3. Custody of children shall be awarded to the innocent spouse in accordance
conducive to their welfare and convenience during the pendency of the case, may with 213.
be presented during 6-months cool-off period that the court may determine which 4. Offending spouse shall be disqualified from inheriting from innocent
is best for their custody spouse in intestate succession. Those in favor of him in the will of innocent
spouse shall also be revoked.
Ramos v Vamenta
FC 213: PARENTAL AUTHORITY in case of legal separation
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Parental authority shall be exercised by parent designated by the Court, which shall rights do not come into existence, so that before the finality of a decree, these
take into account all relevant considerations (equity), especially the choice of child claims are merely rights in expectation. If death supervenes during the pendency of
over 7 years old, unless the parent chosen is unfit. the action, no decree can be forthcoming, death producing a more radical and
definitive separation; and the expected consequential rights and claims would
NCC 106(3): Effect of Legal Separation necessarily remain unborn.
Custody of children shall be given to innocent spouse, unless otherwise directed by
the court in the interest of the minor. If that is the case, the court may appoint a As to the petition of respondent-appellee Eufemio for a declaration of nullity ab
guardian. initio of his marriage to Carmen Lapuz, it is apparent that such action became moot
and academic upon the death of the latter, and there could be no further interest in
P.D. 603 Child and Youth Welfare Code continuing the same after her demise, that automatically dissolved the questioned
Art 17 (3) Joint Parental Authority union. Any property rights acquired by either party as a result of Article 144 of the
In case of separation, no child under five years old shall be separated from his Civil Code of the Philippines 6 could be resolved and determined in a proper action
mother unless the Court finds compelling reasons to do so. for partition by either the a ppellee or by the heirs of the appellant.
Matute V. Macadaeg and Medel FC 64: REVOKING DONATIONS after decree of legal separation
Again, it is conceded that children over ten (10) years of age, whose parents are Innocent spouse may revoke the donations made by him/her in favour of
divorced or living separately, may choose which parent they prefer to live with, the offending spouse, as well as the designation of the latter as beneficiary in any
unless the parent chosen is unfit to take charge of their care by reason of "moral insurance policy even id such is stipulated as irrevocable. It shall be recorded in the
depravity, habitual drunkenness, incapacity or poverty" (Rule 100, section 6, Rules registries of property in the places where the properties are located. Alienations,
of Court). Without deciding whether the adultery committed by herein petitioner liens and encumbrances registered in good faith before the recording of the
with her own brother-in-law involves moral depravity, it is clear to our mind that complaint for revocations shall be respected. The revocation as beneficiary in
the affirmative assumption implicit in the order complained of cannot be insurance shall take effect upon written notification thereof to the insured.
characterized as an "abuse of discretion", much less a "grave" one. (the lower court
kasi awarded it to Medel saying that there was grave abuse when custody was The action to revoke donation must be brought within 5 years from the
awarded to Medel because of poverty on the side of Matute. The court cannot hold time the legal separation has become final.
there was abuse)
NCC 370-372 SURNAMES after legal sep
Macadangdang V. CA and Mejias Art. 370. A married woman may use:
Even if Anahaw and Mejias were already separated in fact, legitimacy is still (1) Her maiden first name and surname and add her husband's surname, or
presumed unless impossibility of access is proven. (2) Her maiden first name and her husband's surname or
(3) Her husband's full name, but prefixing a word indicating that she is his wife, such
Lapuz V. Eufemio as "Mrs."
An action for legal separation involves bed-and-board separation of spouses and is
purely personal. Being personal in character, the death of a party to the action Art. 371. In case of annulment of marriage, and the wife is the guilty party, she shall
causes the death of the action itself. resume her maiden name and surname. If she is the innocent spouse, she may
resume her maiden name and surname. However, she may choose to continue
With regards to his share in the conjugal partnership: employing her former husband's surname, unless:
(1) The court decrees otherwise, or
A further reason why an action for legal separation is abated by the death of the (2) She or the former husband is married again to another person.
plaintiff, even if property rights are involved, is that these rights are mere effects of Art. 372. When legal separation has been granted, the wife shall continue using her
decree of separation, their source being the decree itself; without the decree such name and surname employed before the legal separation.
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Laperal V. Republic AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR
It is mandatory that after legal separation, wife will still use the name and surname CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
she used before the decree of legal separation. With the issuance of the decree of
legal separation in 1958, the conjugal partnership between petitioner and her RIGHTS AND OBLIGATIONS OF SPOUSES
husband had automatically been dissolved and liquidated. (Art. 106[2], Civil Code). I. Husband and Wife must live together and love and support each other (but
Consequently, there could be no more occasion for an eventual liquidation of the cannot be forced to do so) .
conjugal assets.
FC 68.
FC 65-67 Cases of Reconciliation The husband and wife are obliged to live together, observe mutual love, respect
Art. 65. If the spouses should reconcile, a corresponding joint manifestation under and fidelity, and render mutual help and support. (109a)
oath duly signed by them shall be filed with the court in the same proceeding for NCC 109: The husband and wife are obliged to live together, observe mutual
legal separation. (n) respect and fidelity, and render mutual help and support. (56a)
Art. 66. The reconciliation referred to in the preceding Articles shall have the NCC 299. The person obliged to give support may, at his option, fulfill his
following consequences: obligation either by paying the allowance fixed, or by receiving and maintaining
(1) The legal separation proceedings, if still pending, shall thereby be in his house the person who has a right to receive support. The latter
terminated at whatever stage; and alternative cannot be availed of in case there is a moral or legal obstacle
(2) The final decree of legal separation shall be set aside, but the thereto. (149a)
separation of property and any forfeiture of the share of the guilty spouse
already effected shall subsist, unless the spouses agree to revive their » Court cannot compel the spouses to live together and fulfill their marital
former property regime. obligations
The court's order containing the foregoing shall be recorded in the proper civil » Court cannot compel the husband to provide for the separate maintenance of the
registries. (108a) wife without sufficient cause
Art. 67. The agreement to revive the former property regime referred to in the » Court is careful to grant separate maintenance because it would be an
preceding Article shall be executed under oath and shall specify: acknowledgement of the abnormal situation of spouses living separately in fact
(1) The properties to be contributed anew to the restored regime; » Support can either be Financial or Home Maintenance
(2) Those to be retained as separated properties of each spouse; and
(3) The names of all their known creditors, their addresses and the Separation is not the End of Support
amounts owing to each. Ilusorio V. Ilusorio-Bildner [May 12, 2000]
The agreement of revival and the motion for its approval shall be filed with the The spouses cannot be compelled by the court to live together but they are
court in the same proceeding for legal separation, with copies of both furnished to required to support each other since marriage is a continuing commitment. Hence,
the creditors named therein. After due hearing, the court shall, in its order, take habeas corpus cannot be granted to the wife for custody of her husband who was
measure to protect the interest of creditors and such order shall be recorded in the with their children.
proper registries of properties.
The recording of the ordering in the registries of property shall not prejudice any With sufficient cause, With Support:
creditor not listed or not notified, unless the debtor-spouse has sufficient separate Ramirez-Cuaderno V. Cuaderno
properties to satisfy the creditor's claim. (195a, 10 The Court cannot compel spouses to live together but it is careful to grant the
separate maintenance of the wife because it is an acknowledgement of a de facto
SOLO PARENTS WELFARE ACT of 2000 separation. Living together should be mandated by the spouses’ mutual affection
RA 8972 and not be any legal mandate or court order. Since it had been recognized that the
husband inflicted physical in juries on his wife and left her with her parents’, it
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 32
would be unrealistic to urge them to remain in one house where they both consider However, such exemption shall not apply if the same is not compatible with the
living together an impossibility. solidarity of the family. (110a)
II. NCC: Husband chooses the family home and the Wife follows. FC 70.
FC: Both Husband and Wife chooses the family home. The spouses are jointly responsible for the support of the family. The expenses for
such support and other conjugal obligations shall be paid from the community
When can the spouses live separately from each other [without decree of LS]: property and, in the absence thereof, from the income or fruits of their separate
1. When one is abroad properties. In case of insufficiency or absence of said income or fruits, such
2. For compelling reasons obligations shall be satisfied from the separate properties. (111a)
3. Where there is violence, acts of immorality and infidelity
UNLESS, separation is incompatible with the solidarity of the family NCC 111: The husband is responsible for the support of the wife and the rest of
the family. These expenses shall be met first from the conjugal property, then
FC 69. from the husband's capital, and lastly from the wife's paraphernal property. In
The husband and wife shall fix the family domicile. In case of disagreement, the case there is a separation of property, by stipulation in the marriage
court shall decide. settlements, the husband and wife shall contribute proportionately to the
The court may exempt one spouse from living with the other if the latter should live family expenses. (n)
abroad or there are other valid and compelling reasons for the exemption.
FC 71.
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The management of the household shall be the right and the duty of both spouses. NCC 116: When one of the spouses neglects his or her duties to the conjugal
The expenses for such management shall be paid in accordance with the provisions union or brings danger, dishonor or material injury upon the other, the injured
of Article 70. (115a) party may apply to the court for relief.
The court may counsel the offender to comply with his or her duties, and take
NCC 115: The wife manages the affairs of the household. She may purchase such measures as may be proper. (n)
things necessary for the support of the family, and the conjugal partnership
shall be bound thereby. She may borrow money for this purpose, if the VI. Husband’s supremacy in the NCC
husband fails to deliver the proper sum. The purchase of jewelry and precious NCC 112:
objects is voidable, unless the transaction has been expressly or tacitly The husband is the administrator of the conjugal property, unless there is a
approved by the husband, or unless the price paid is from her paraphernal stipulation in the marriage settlements conferring the administration upon the wife.
property. (62a) She may also administer the conjugal partnership in other cases specified in this
Code. (n)
IV. Husband and Wife can both exercise a profession
FC 73. NCC 113:
Either spouse may exercise any legitimate profession, occupation, business or The husband must be joined in all suits by or against the wife, except:
activity without the consent of the other. The latter may object only on valid, (1) When they are judicially separated;
serious, and moral grounds. (2) If they have in fact been separated for at least one year;
In case of disagreement, the court shall decide whether or not: (3) When there is a separation of property agreed upon in the marriage
(1) The objection is proper; and settlements;
(2) Benefit has occurred to the family prior to the objection or thereafter. If the (4) If the administration of all the property in the marriage has been transferred to
benefit accrued prior to the objection, the resulting obligation shall be enforced her, in accordance with Articles 196 and 197;
against the separate property of the spouse who has not obtained consent. (5) When the litigation is between the husband and wife;
The foregoing provisions shall not prejudice the rights of creditors who acted in (6) If the suit concerns her paraphernal property;
good faith. (117a) (7) When the action is upon the civil liability arising from a criminal offense;
(8) If the litigation is incidental to the profession, occupation or business in which
NCC 117: she is engaged;
The wife may exercise any profession or occupation or engage in business. (9) In any civil action referred to in Articles 25 to 35; and
However, the husband may object , provided: (10) In an action upon a quasi-delict.
(1) His income is sufficient for the family, according to its social standing, and In the cases mentioned in Nos. 7 to 10, the husband must be joined as a party
(2) His opposition is founded on serious and valid grounds. defendant if the third paragraph of Article 163 is applicable. (n)
In case of disagreement on this question, the parents and grandparents as well as
the family council, if any, shall be consulted. If no agreement is still arrived at, the NCC 114:
court will decide whatever may be proper and in the best interest of the family. (n) The wife cannot, without the husband's consent acquire any property by gratuitous
title, except from her ascendants, descendants, parents-in-law, and collateral
V. Husband and Wife can go to Court for relief when there is negligence of duties relatives within the fourth degree. (n)
FC 72.
When one of the spouses neglects his or her duties to the conjugal union or VII. Wife is protected by RA 9262 (Anti-Violence Against Women and Children)
commits acts which tend to bring danger, dishonor or injury to the other or to the Go Tan V. Tan
family, the aggrieved party may apply to the court for relief. (116a) [September 30, 2008]
The wife sought a temporary protective order against his husband and parents-in-
law due to their verbal, psychological and economic abuses upon her, which are
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violations of Sec. 5, RA 9262. By virtue of Sec. 47 which provides for the suppletory [November 22, 2001]
application of the RPC, the parents-in-law can also be held liable. Sec. 3 requires the Because the woman used the man’s surname in various documents and slept in the
offender to be related to the victim by marriage, a former marriage, or a same room with him, her conduct indicated that they are common-law spouses and
dating/sexual relationship but Art. 10 of the RPC provides for the principle of hence, the donation by man to woman is void.
conspiracy where the act of one is the act of all.
Sumbad V. Ca
VIII. Wife is not required to use her husband’s surname Children of spouses could have challenged the validity of the deed of donation
Yasin V. Shariah Court executed by their father in favour of a woman on the ground of their common-law
Held: The wife need not have a judicial confirmation of her resumption of her relationship. But due to their failure to present evidence of such fact, the donation
maiden name after divorce because no law requires the woman to assume her is valid.
husband’s name upon marriage. Marriage only changes the civil status in the civil
registry and the name remains the same. *Good Faith can validate a donation / sale between common-law spouses
Bienvenido V. Ca
PROPERTIES OF THE SPOUSES The sale between husband and woman was valid because it was not proven that
DONATIONS the woman knew about the husband’s subsisting marriage and that she made the
To each other sale in bad faith.
FC 84.
If the future spouses agree upon a regime other than the absolute community of » PURPOSE: To prevent the undue influence of the donor over the done
property, they cannot donate to each other in their marriage settlements more Matabuena V. Cervantes
than one-fifth of their present property . Any excess shall be considered void. The prohibition on donations between spouses also applies to common-law
Donations of future property shall be governed by the provisions on testamentary marriages, as held in Buenaventura v. Bautista, because undue and improper
succession and the formalities of wills. (130a) pressure and influence may also exist among common-law spouses. Also, those in
common-law relationships would be in a better position than married spouses.
FC 87.
Every donation or grant of gratuitous advantage, direct or indirect, between the To the spouses by reason of their marriage
spouses during the marriage shall be void, except moderate gifts which the spouses FC 85.
may give each other on the occasion of any family rejoicing. The prohibition shall Donations by reason of marriage of property subject to encumbrances shall be
also apply to persons living together as husband and wife without a valid valid. In case of foreclosure of the encumbrance and the property is sold for less
marriage. (133a) than the total amount of the obligation secured, the donee shall not be liable for
the deficiency. If the property is sold for more than the total amount of said
NCC 739. obligation, the donee shall be entitled to the excess. (131a)
The following donations shall be void:
(1) Those made between persons who were guilty of adultery or concubinage at the » Requirements of Donations Proper Nuptia: In a public instrument
time of the donation… Solis V. Barroso
In the case referred to in No. 1, the action for declaration of nullity may be brought Donations propter nu ptia is enforceable only if in writing. It is governed not by the
by the spouse of the donor or donee; and the guilt of the donor and donee may be laws on contracts but on donation. Art. 633 of the Civil Code applies and it requires
proved by preponderance of evidence in the same action. (n) that such donations be made in a public instrument in order to be valid and to vest
a right.
» Spouses cannot donate to each other [if property regime is not community]
» Common-law spouses cannot donate to each other as well FC 86.
Arcaba V. Tabancura Vda. De Batocael
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A donation by reason of marriage may be revoked by the donor in the following However, the payment of personal debts contracted by either spouse before
cases: the marriage, that of fines and indemnities imposed upon them, as well as the
(1) If the marriage is not celebrated or judicially declared void ab initio except support of illegitimate children of either spouse, may be enforced against the
donations made in the marriage settlements, which shall be governed by partnership assets after the responsibilities enumerated in the preceding
Article 81; Article have been covered, if the spouse who is bound should have no exclusive
(2) When the marriage takes place without the consent of the parents or property or if it should be insufficient; but at the time of the liquidation of the
guardian, as required by law; partnership, such spouse shall be charged for what has been paid for the
(3) When the marriage is annulled, and the donee acted in bad faith; purpose above-mentioned. (163a)
(4) Upon legal separation, the donee being the guilty spouse;
(5) If it is with a resolutory condition and the condition is complied with; Luzon Surety Co., Inc. V. Aguirre De Garcia
(6) When the donee has committed an act of ingratitude as specified by the Obligations of the husband as a guarantor or surety for a company in an indemnity
provisions of the Civil Code on donations in general. (132a) agreement are not chargeable against his conjugal partnership because only
*NOT EXCLUSIVE! obligations that have redounded to the benefit of the spouses are deductible.
FC 90. FC 61.
The provisions on co-ownership shall apply to the absolute community of property After filing of the petition for legal separation, the spouses shall be entitle to live
between the spouses in all matters not provided for in this Chapter. separately from each other.
The court, in the absence of a written agreement between the spouses, shall
FC 96. designate either of them or a third person to administer the absolute community or
Whatever may be lost during the marriage in any game of chance, betting, conjugal partnership property. The administrator appointed by the court shall have
sweepstakes, or any other kind of gambling, whether permitted or prohibited by the same powers and duties as those of a guardian under the Rules of Court.
law, shall be borne by the loser and shall not be charged to the community but any
winnings therefrom shall form part of the community property. OWNERSHIP, ADMINISTRATION, ENJOYMENT AND DISPOSITION OF THE
COMMUNITY PROPERTY
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When a husband and wife are separated in fact, or one has abandoned the other
FC 96. and one of them seeks judicial authorization for a transaction where the consent of
The administration and enjoyment of the community property shall belong to both the other spouse is required by law but such consent is withheld or cannot be
spouses jointly. In case of disagreement, the husband’s decision shall prevail, obtained, a verified petition may be filed in court alleging the foregoing facts.
subject to recourse to the court by the wife for a proper remedy, which must be The petition shall attach the proposed deed, if any, embodying the transaction, and,
availed of within five years from the date of the contract implementing such if none, shall describe in detail the said transaction and state the reason why the
decision. required consent thereto cannot be secured. In any case, the final deed duly
In the event that one of the spouse is incapacitated or otherwise unable to executed by the parties shall be submitted to and approved by the court.
participate in the administration of the common properties, the other spouse may
assume sole powers of administration. These powers do not include the powers of FC 104.
disposition or encumbrance without the authority of the court or the written Whenever the liquidation of the community properties of two or more marriages
consent of the other spouse. In the absence of such authority or consent, the contracted by the same person before the effectivity of this Code is carried out
disposition or encumbrance shall be void. However, the transaction shall be simultaneously, the respective capital, fruits and income of each community shall
construed as a continuing offer on the part of the consenting spouse and the third be determined upon such proof as may be considered according to the rules of
person, and may be perfected as a binding contract upon the acceptance by the evidence. In case of doubt as to which community the existing properties belong,
other spouse or authorization by the court before the offer is withdrawn by either the same shall be divided between or among the different communities in
or both offerors. proportion to the capital and duration of each.
FC 113. FC 116
Property donated or left by will to the spouses, jointly and with designation of ALL PROPERTY acquired DURING the marriage is PRESUMED to be CONJUGAL until
determinate shares, shall pertain to the donee-spouse as his or her won exclusive the contrary is proved.
property, and in the absence of designation, share and share alike, without
prejudice to the right of accretion when proper. Torela vs Torela
Petitioner proved that the property was acquired PRIOR to his marriage
FC 115. through inheritance. So the sale of the land is VALID.
Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits DOCTRINE: The presumption of CONJUGALITY only arises when it is PROVEN that
shall be governed by the rules on gratuitous or onerous acquisitions as may be the property was acquired DURING coverture.
proper in each case.
Magallon vs Montejo
Veloso Vs. Martinez Homestead accrued and acquired DURING his marriage with Eustaquia.
Proven that jewels were inherited paraphernal property, with rights to Magallon said it was THEIR property BUT lost the case because he FAILED to prove
disposition, if sale is through spouse, written authority to sell is required. that they were MARRIED.
DOCTRINE: Same as Torela, even though the homestead was acquired during their
Plato Vs. Yatco “coverture”, Magallon failed to prove that they were married, hence N O
The reconveyance of the property did not transform it from paraphernal to conjugal presumption of conjugality arises.
property, there being no proof that the money paid came from common or conjugal
funds Cuenca vs Cuenca
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The parcels of land in contention was SURVEYED and APPROVED during the
marriage of Agripino Cuenca and Engracia Basadre, BUT this doesn’t mean that it Zulueta vs Pan-Am
was PERFECTED during the marriage The Zulueta’s were kicked out and embarrassed by the captain because
DOCTRINE: An approval or a survey of homestead lands does not mean it was Mr. Zulueta heeded the call of nature in the island. They claimed moral damages
ACQUIRED or PERFECTED during the marriage. Hence it cannot be considered afterwards.
CONJUGAL property. DOCTRINE: Moral damages accrue to the EXCLUSIVE property (General Rule)
PanAM says that damages are not conjugal in nature. BUT SC says it belongs to the
FC 117 conjugal partnership because the CONTRACT of CARRIAGE was incurred DURING
THE FOLLOWING ARE CONJUGAL PARTNERSHIP PROPERTIES (FC 117) the marriage. Hence it must be presumed to be CONJUGAL in nature.
(1)Those acquired by onerous title DURING the marriage at the expense of
the COMMON FUND. Whether it was for the partnership or for only one of Mendoza vs Reyes
the spouses . Poncao Reyes and Julia Reyes acquired property DURING their marriage on
(2) Those OBTAINED from the labor, industry, work or profession of EITHER Feb 1947 on installment basis. Their LOANS were obtained JOINTLY by them. Hence,
or both of the SPOUSES. the property is conjugal and Julia Reyes cannot sell the said property.
(3) The FRUITS of the common or exclusive property of each spouse. DOCTRINE: Even if the said property is registered under the name of the husband
(4) The share of either spouse in the hidden treasure only or the wife only, it is still CONJUGAL in nature so long as it is acquired DURING
(5) Those acquired through profession coverture. Hence, even the mortgage is only recorded under the name of JULIA, it is
(6) Livestock existing upon the dissolution in excess of the number brought still conjugal.
to the marriage.
(7) Those gained from games of chance. However, losses therefrom Castillo vs Pasco
shall be borne exclusive,y by the loser. In this case, the two installments used to buy the property totaled 6,000
pesos was paid 5,000 by the conjugal funds and 1,000 form the exclusive funds of
Cheeseman vs IAC MACARIA. Hence the property in question is 1/6 paraphernal and 5/6 conjugal. It is
Criselda Cheesman sold property WITHOUT the consent of Thomas 5/6 conjugal because it was shown that the LOANS were obtained by BOTH
Cheesman. But it was proven that SHE bought the land with her OWN funds and spouses.
that Padilla (the buyer) bought it in GOOD FAITH. DOCTRINE: Take note that this case was under the NCC. Loans that are obtained
Obiter: Even if the lands were CONJUGAL in nature, Thomas Cheeseman still cant JOINTLY by the spouses becomes obligations of the conjugal partnership, and when
recover it because he is a FOREIGNER. these LOANS are used to buy property, the property becomes conjugal in nature.
DOCTRINE: Foreigners cannot own private lands in the Philippines. And property
bought with PERSONAL funds of one spouse is EXCLUSIVE property hence she can FC 119
dispose of it without the consent of another When there is a credit payable to one of the spouses, partial payments to be
collected from the principal shall be the EXCLUSIVE property. INTERESTS falling due
Villanueva vs CA the marriage shall belong to the CPG.
Nicolas and Eusebia was Married. Nicolas lived with another woman
named Pacita, they bore a child name Procopio. Properties in question were FC 120
acquired DURING the marriage of Nicolas and Eusebia. Hence it is Conjugal in Ownership of improvements shall pertain to the CPG.
nature and belongs to Nicolas and Eusebia, Procopio doesn’t have a right to (a)When the cost of the IMPROVEMENT made by the CONJUGAL PARTNERSHIP are
ACQUIRE the gains from these properties more than the VALUE of the property at the time of IMPROVEMENT, the property
Doctrine: Tax declarations in the name of Pacita (the other woman) were NOT becomes CONJUGAL PROPERTY.
enough to overcome the presumption of Conjugality. Moreover, Nicolas saying that (b) The value of the property that became conjugal property shall be reimbursed to
he is “single” is also NOT enough to overcome the presumption of Conjugality. the owner spouse upon dissolution.
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(c) If the improvement made by the spouses is NOT MORE than the VALUE of the DOCTRINE: Ownership of the land remains the same until the value thereof is PAID.
property at the time of improvement. Then the property shall remain in the
ownership of the owner-spouse. The improvements made shall be REIMBURSED at Embrado vs CA
dissolution. The paraphernal land of the wife became conjugal upon the construction
of the building because it met 2 conditions: a.) construction of the building at the
Padilla vs Padilla expense of the partnership b.) ownership of the land by one of the spouses.
Narciso Padilla died, to distribute the last will and testament requires the DOCTRINE: Since the land is already conjugal, the wife, who was previously the
liquidation of the conjugal partnership. Concepcion wanted her PARAPHERNAL owner of the land, cannot encumber the property WITHOUT her husband’s
property to be segregated from the INVENTORIED estate with its reimbursements. consent.
The issue here is whether or not the reimbursement should be at the time of
IMPROVEMENT or the time of LIQUIDATION. SC says reimbursement at the TIME OF FC 121
LIQUIDATION. THE CPG SHALL BE LIABLE FOR:
Obiter: Fruits of paraphernal property are EXEMPT from the payment of the (1) Support of the spouses, their common children, and the legitimate
obligations of the husband UNLESS it is proven that the obligations benefited the children of either spouse, support of illegitimate children shall be governed
family. by Support.
DOCTRINE: The value of paraphernal land was reimbursed to the wife at its VALUE (2) All debts and obligations contracted DURING the marriage by the
at the time of LIQUIDATION. TAKE NOTE! Law now says that reimbursement should designated administrator spouse for the BENEFIT of the CPG, or debts
be at the TIME OF IMPROVEMENT . acquired with the CONSENT of the other.
(3) Debts and obligations WITHOUT the consent but BENEFITED the
Caltex vs Felias partnership
Caltex was trying to levy upon the exclusive property of Felias (it was (4)All taxes, liens charges and expenses upon CPG property.
exclusive since it was donated to her by her parents). Hence, the levy was not (5) Expenses for the preservation of the separate property.
allowed. (6) Expenses needed to complete a vocational, professional course
DOCTRINE: Paraphernal property cannot be made liable upon the obligations and (7) Antenuptial debts of either spouse as long as it BENEFITED the conjugal
debts of the husband. property
(8)Donation of both spouses to the children for a vocational course or self-
Vda de Padilla vd Paterno improvement.
Same facts as the Padilla vs Padilla above. But the question here is whether (9)Expenses of litigation between the spouses.
or not the mother (the sole heir of the will) should be held liable for the INCOME of
the paraphernal properties? Yes, she should reimburse and return all the IF CPG is insufficient then the spouses will be solidarily liable for the unpaid balance
paraphernal properties of the wife. with their SEPARATE properties.
DOCTRINE: lots do NOT become automatically CONJUGAL when buildings are
erected thereon. The ownership is retained by the WIFE until she is PAID the value Mariano vs CA
of the LOT as a result of the LIQUIDATION of the CPG. DOCTRINE: Esther engaged in a business with his husband’s consent hence the
CONJUGAL property is LIABLE for the obligations and debts of the Business
Calimlim-Canullas vs Fortun (doctrine na rin to)
Mercedes said that the house and coconut trees in the land were
purchased with CONJUGAL funds. Hence the sale of her husband to Corazon is VOID Ayala vs CA
since it didn’t have her CONSENT . Alfredo Ching’s surety bonds are for the benefit of the CORPORATION, not
for the benefit of the FAMILY. Hence, conjugal properties cannot be made liable.
Maramba vs Lozano
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 42
Ching vs CA Obligation that was charged against the CPG arose from the business of
Certain stocks of Alredo Ching were levied to pay his obligations. BUT, the wife (dresses) and since such was conducted with the consent of the husband
these stocks were GAINED during COVERTURE. Hence they are conjugal in nature (and the proceeds of such clearly went to defray family costs), it was held against
and cannot be made liable to Ching’s debts caused by his securities. the CPG.
BA Finance v. CA Go v. Yamane
Where a husband who abandoned wife and children made a loan allegedly Liens incurred by wife and her sisters (Pucay) was not charged to CPG. It would have
in the name of wife’s sole proprietorship (through falsification), the wife’s sole been charged against the property had it been paraphernal, but husband was able
proprietorship (which was also a CPG) was not made to shoulder such loan because to show that questioned property was acquired during the coverture and therefore
loan did not redound to the benefits of the family presumption of conjugality operates. Since the lien was charged against the wife
and her sisters, such cannot be charged against the CPG.
Costuna v. Domondon (exception to general rule) FC 124 (joint admin of CPG and exceptions therein)
Herein sale executed by husband was held valid even if such was secured
without wife’s consent, or in this case ev en if the consent was withheld because Guiang v. CA
sale was necessary for the treatment of husband’s burns and medical treatment Husband executed sale without wife’s co nsent (wife was in manila, hoping
rd
(Amadeo having had 3 degree burns). Amadeo only sold ½ of the CPG (his share in to find work in middle east; husband later on living with another woman, their kids
such) but when he died, wife Estela wanted such sale to be nullified. SC said that living in some neighbor’s house). Amicable settlement soon followed but wife even
her refusal to dispense consent when husband repeatedly sought such (and the questioned her signature in such, saying that there was a forgery. SC said that sale
gravity of the need to do so in order to finance his medical treatment) was was void and even if settlement was valid (arguing without admitting), such cannot
grounded on sole greed. Moreover, the hospitalization and medication expenses of ratify the sale since only voidable ones can be ratified. Husband as admin cannot
either husband or wife is subsumed under the term ‘benefits’ that would proceed with sale without consent of wife.
undeniably redound to benefit of the family (health and well being of both
partners), which is therefore chargeable against CPG. Heirs v. Mijares (1983.)
Husband Vicente was declared admin by court in a proceeding where he
Carlos v. Abelardo alleged that wife is already dead, and sold ½ shares therein without of course the
Honorio Carlos issued 25k dollars allegedly as a loan to her daughter and consent of the wife (de facto sep since 1974). Mortgage was rendered voidable by
son-in-law for the latter to purchase their conjugal dwelling. Their failure to pay led SC (sale under NCC regime) because of the lack of consent. Moreover, the admin
to the formal demand for payments (albeit de facto separation of the spouses). was awarded then to husband on the premise that wife is already dead (which is
Husband said that it was not a loan but compensation for his efforts to rehabilitate not the case, ruling only arrived at due to falsification of husband); reliance on such
the construction company of his father-in-law. Nonetheless SC ruled that it was a was misplaced since sale has already been agreed as early as 1978.
loan, and that it was nonetheless chargeable against the CPG since said loan was
executed to buy their conjugal dwelling which undoubtedly redounded to the Roxas v. CA
family. Husband as admin of prop cannot enter into contract involving CPG
without consent of wife. Estranged husband herein entered into a contract of lease
FC 122 involving a lot where wife planned to put up a flea market. SC said that
(debts that are chargeable against CPG, with the exception of indemnities, but only encumbrance or alienation without the other’s consent is voidable under NCC 173.
in so far asseparate property of offending spouse suffices for such else charged SC remanded case for further proceedings.
against CPG)
Ysasi v. Fernandez
PP v. Lagrimas Under NCC regime, husband is sole admin, wife cannot divest husband of
such admin by mere allegations of abuse of powers. Husband may even enforce
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 44
right of possession against wife who took over admin without his consent (such as Philippines, was regularly out of the country and thus for 19 years, without any
the case at hand). objection from him, his wife has held the administration of their properties. Later
on they were granted a legal separation decree on account of bigamy by Sabalones,
Docena v. Lapesura and he was forfeited his share in the CPG. FC61 provides that after the decree of
Certificate of non-forum shopping was signed only by husband, Antonio legal separation is given, court must appoint an administrator; although the trial
Docena, compliant with ROC since they are spouse with joint interest over the court did not expressly appoint Mrs. Sabalones, its forfeiture of the CPG share of
alleged conjugal property, the signing of only one of them suffices. Under NCC, Ambassador Sabalones only means that it implicitly appointed Mrs. Sabalones as
husband as sole admin of CPG he may defend CPG in a suit without being joined by administratrix of their CPG. Sabalones cannot therefore file for judicial
wife. Under FC, even if husband and wife exercises joint admin, they need not act authorization to sell part of the CPG.
together, husband alone may sign the certificate.
Felipe v. Heirs of Aldon
Homeowners Savings and Loan v. Dailo In this case, Gimena Lapesura Aldón sold the lots that belonged to her CPG with
Loan obtained by husband Marcelino was without knowledge and consent husband Máximo Aldón to the spouses Felipe without the consent of Máximo. By
of wife. But CPG was not held liable absent the proof that same did not redound to operation of FC124, this sale is invalid, according to trial court, but Supreme Court
the family’s benefits (petitioner alleged that loan was used to construct house, but asked: what kind of an invalid contract is it? The sale where one of the parties is
such was not proven in herein case). Property was therefore reconveyed to wife. incapable of giving consent constituted a voidable contract. Máximo is the proper
party to impugn the sale. Because Máximo has since died, SC allowed his heirs to
Alinas v. Alinas substitute him.
In this case the Supreme Court did not depart from the strict letter of FC124, which
provides as a matter of right that the administration and enjoyment of the conjugal Cheesman v. Intermediate Appellate Court
partnership property shall belong to the spouses jointly. In consonance with this In this case, Criselda Cheesman, while married to Thomas Cheesman, acquired
right, the same provision of law also expressly states that these powers of property from Armando Altares solely under her name; Thomas did not object to
administration do not include the disposition and encumbrance, which can only be this. Later on, Criselda sold said property to Estelita Padilla, a sale to which Thomas
done by authority of the court or with the written consent of the other spouse. In objected, saying that the property belonged to their CPG and thus his consent was
this case, Onesiforo Alinas’s sale of the property without his spouse’s consent is required. Supreme Court said that no such consent was needed because (1) Criselda
void in its entirety. was able to show that the property was hers alone and (2) Thomas is a foreigner, he
has no capacity or personality to question the subsequent sale by the wife of the
Uy v. Court of Appeals property in question.
The Professor was not exactly happy about how this case was disposed. Ernesto
Jardeleza Sr. was in a coma, and his wife was just desperate to embark on all means Frenzel v. Catito
to bring him back to normal by selling off some of their conjugal properties to pay Foreigners cannot own lands. Alfred Frenzel questions Ederlina Catito’s sale of
off their medical bills. While the trial court sustained Mrs. Jardeleza, the Supreme some of the properties he acquired for their supposed subsequent marriage which
Court ruled otherwise, ratiocinating that FC124 does not apply when the non- did not materialize. It may seem unfair in the part of Frenzel, but dura lex sed lex ;
consenting spouse is incapacitated or incompetent to give consent . It only applies Ederlina needed no consent from him to dispose of said properties because of the
when the spouse is absent, separated in fact, abandoned the other or withheld Constitutional proscription against foreign ownership of real property. He cannot
consent. What she should have done, according to SC, is to file a petition for judicial even recover the money used to purchase them.
guardianship.
Heirs of Ayuste v. Court of Appeals
Sabalones v. Court of Appeals Proceedings for the annulment of sale must be brought within ten years of the date
FC124 provides that the conjugal property shall be jointly administered by the of the questioned sale and within the existence of the marriage as provided for in
husband and the wife. In this case, Sabalones, who was an ambassador of the NCC173. The questioned sale occurred in 1987 by Rafael Ayuste. Rafael died in
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 45
1989. Christina Ayuste filed for annulment of sale only in 1990. Although the The private respondents in this case, although already of age, gainfully employed
petition for annulment was filed well within the ten-year period, it was filed when and married are still entitled to receive allowance. The NCC gives the surviving
the marriage was no longer existing. The sale, therefore, is valid. spouse and her children the right to receive allowance without distinction. Rule 83
of the Rules of Court, which is only a procedural rule, which states that the widow
Villaranda v. Spouses Villaranda and minor or incapacitated minors shall receive allowance during liquidation of
The issue here, is whether or not the Deed of Exchange which was not signed by the estate cannot be allowed to impair the respondents’ right to allowance.
wife of Respondent Honorio Villaranda is valid and enforceable. The Supreme Court
ruled that the Deed remains valid even if the spouses had not put into writing their Maquilan v. Maquilan
consent to the exchange. The contract validly exists, and assuming that she did not Virgilio and Dita Maquilan’s marriage was annulled on account of Dita’s infidelity.
give here consent thereto, it will only render the contract merely voidable, not void. On the pre-trial of the case, he entered into a Compromise Agreement with Dita
which the Court took as a voluntary judicial separation of properties which was
Ainza v. Spouses Padua and Court of Appeals approved by the lower court. Dita was convicted, and thus, if Virgilio had not
There was an oral contract of sale between Eugenia (married to Antonio) and entered into the Compromise Agreement, he can rightfully forfeit her of her share
Concepcion. Antonio claims that said property was part of their CPG and Eugenia in their CPG, but no. He was wrong in having entered into an agreement with her,
did not ask for his consent. However, an action for annulment of oral contract of which was binding under FC 134.
sale must be brought within six years from the date the right of action occurred.
The sale occurred in 1987; he only filed in 1999. He was thus already barred by Lacson v. San Jose-Lacson
prescription to question the sale. The Supreme Court held in this case that the compromise agreement and the
judgment of the C ourt of First I nstance grounded on the said a greement are valid
Partosa-Jo v. Court of Appeals with respect to the separation of property of the spouses and the dissolution of the
Prima Partosa-Jo is entitled to judicial separation of property on account of conjugal property. The compromise agreement was allowed by the lower court
abandonment. Their agreement was not to be separated but for her to temporarily because it does not appear that they have creditors who will be prejudiced by the
live with her parents during the initial period of her pregnancy and that he would said arrangements.
visit and support her. But when she returned to their house in Dumaguete in 1942,
he refused to accept her. This constituted abandonment. The physical separation FC 147
of the parties, coupled by the refusalm by Jose Jo to give support to Prima, (PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE)
sufficed to constitute abandonment as a ground for legal separation of their - Requisites for application of FC 147 are: (a) parties are capacitated to
conjugal property. Aside from this, he admittedly cohabitated with other women marry each other; (b) they are cohabiting (c) exclusively and (d) there is no
and have not established just cause for his refusal to comply with his duties as marriage or it is void (applicable to marriages void under FC36 and 53).
husband. - When one comes under a co-ownership, it covers (1) wages/salaries; (2)
any property acquired between him and partner and (3) property acquired
Metropolitan Bank v. Pascual during cohabitation. Fruits of separate property are NOT included.
Nicholson and Florencia Pascual were married, but the marriage and CPG were
dissolved on account of psychological incapacity. The two, however, did not FC 147, together with 148, was codified into the Family Code because the provisions
liquidate their properties yet. Florencia secured a loan from Metrobank, mortgaged of NCC144 were vague. The main difference between 147 and 148 is that in 147, the
some of the CPG property, and defaulted. Florencia has the right to mortgage ½ of parties are capacitated to marry each othe r while in 148 they are not.
the CPG without consent. This mortgage is valid insofar as Florencia’s share is
concerned.
Maxey case:
Santero v. Court of First Instance, Cavite They were not legally married until 1919. She dropped dead subsequently. He
marries the second time. Second wife sold property in question. SC applied NCC144
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 46
because nobody had vested rights that will be impaired by retroactive application. period of cohabitation is governed by the provisions of Article 147 of the Family
The property the second wife sold belonged to the first marriage, even though it Code.
was acquired during the cohabitation period prior to the 1919 marriage.
Carino vs. Carino
Valdes case: 2 women, both named Susan, are claiming death benefits and certain
This is a very important case. Court agreed with Judge Tirona. Tirona: Once your property of Santiago Carino, each women insisting to being his legal wife. The SC
st
marriage is void under FC36, you now come under FC147. If it is bigamous, it’s ruled that both marriages were VOID. The 1 marriage is void under Art. 147 (No
nd
under FC148. For CPG: Fruits are not included for separation. marriage license), while 2 marriage under Art. 148 (bigamous marriage). Neither
were entitled to death benefits however, part of the property goes to petitioner
Maxey v. Court of Appeals because it was purchased during cohabitation and the other part to his legal heirs.
NCC144 provides that property governed by the rules on co-ownership may be
acquired by either or both of them through their work or industry. Even if it is only Fehr vs. Fehr
the man who works, the property acquired during the man and wife relationship A couple’s marriage is void ab initio due to FC 36. Upon separating their
(not necessarily marriage) belongs through a fifty-fifty sharing to the two of them. property, Suite 204, LGC Condominuim was declared to be exclusive property of
This provision is based on the normal, customary gender roles of Filipino men and respondent husband. Wife was able to prove that it was conjugal property because
women. they were already cohabiting when the unit was acquired. Art. 147 requisites were
present: They are capacitated to marry, they live exclusively as H&W and their
Domingo v. Court of Appeals union is w/o the benefit of marriage.
FC40 reads as: The absolute nullity of a previous marriage may be invoked for
purposes of remarriage on the basis solely of a final judgment declaring such
previous marriage void and not solely for the purpose of remarriage. The Joaquino vs. Reyes
declaration is not solely for the purpose of remarriage. FC40 can also be invoked for Rodolfo Reyes is legally married to Lourdes Reyes but before his death, he
actions for liquidation, partition, distribution and separation of property. had illicit relations with a woman name Milagros Joaquino. The two women are in
Liquidation of their property is just one of the necessary resultants of their court petitioning for ownership of a house and lot. Though the lot was registered in
declaration of nullity of marriage. paramour’s (Joaquino) name, property acquired with the salaries and earnings of a
husband ONLY belongs to his conjugal partnership with the legal spouse (Reyes).
Belcodero v. Court of Appeals
Alayo Bosing and Juliana Onday were married in 1927; he left the conjugal home in Gonzales vs. Gonzales
1946 to live with Josefa Rivera. In 1949, he purchased a parcel of land. Alayo died in Francisco (petitioner) and Erminda (respondent) lived together for 2 years
1967, the property was sold by Josefa to Josephine Belcodero in 1970. It’s clear, before getting married. Years after, their marriage was declared null and void ab
Belcodero cannot possibly own the land because it belongs to Alayo’s CPG with initio and the court divided their property between them. Their property relations
Juliana. FC147 and 148 cannot apply because it will impair the vested rights of the should be governed by FC 147, which presumes that properties acquired during the
heirs of Alayo and Juliana. cohabitation of the parties have been acquired through their joint efforts, work or
industry and shall be divided owned by them in equal shares.
Valdes v. Quezon City Regional Trial C ourt
Antonio Valdes and Consuelo Garcia’s marriage was declared null and void ab initio FC 148 (LIMITED CO-OWNERSHIP)
on account of psychological incapacity. The issue now is whether or not FC147 shall - With regard to cohabitation that does not fall under the requirements of
apply to parties of a marriage that was declared null and void ab initio on the FC 147, the separation of their property will fall under FC 148.
ground of psychological incapacity. The Court held yes, because in a void marriage, - There is ownership of money, property or industry IF both parties had
regardless of the cause thereof, the property relations of the parties during the jointly contributed for the acquirement of these. Ownership shall be
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 47
proportional to their contribution. In the absence of proof, this is
presumed to be equal. Bienvenido vs. CA
- If one of the parties is validly married to one another, his or her share in The third wife of deceased Aurelio Camacho, Nenita, files a petition against
nd
the co-ownership shall accrue to the ACP or CPG of valid marriage. private respondent (his 2 wife) for the piece of property allegedly sold to her by
- If the party who acted in bad faith is not validly married to another, his or Aurelio. Luisita claims the land to be hers because she is the legal wife of Aurelio
her share shall be forfeited (see FC 147 for procedure) Camacho. However, the marriage of Luisita and Aurelio is not valid, because it was
proven that even while he was still married to Consejo, he had already been living
FC 50 with Luisita. Only Consejo may file a claim for the property that Nenita bought.
- Final judgment by the courts apply to liquidation, partition and distribution Also, the sale to petitioner must be presumed to be valid because there is no proof
of properties. (not applicable in this part yet but it also applies to the that she had bought it in bad faith.
custody and support of common children and the delivery of their
presumptive legitimes.) Agapay vs. Palang
- All creditors of the spouses must be notified of the proceedings for 60-yr old Miguel Palang contracted marriage with 19-yr old Erlinda Agapay
liquidation. while his marriage to Carlina Agapay was still existing. Miguel and Erlinda jointly
purchased a parcel of agricultural land that, upon the death of Miguel, Carlina is
st
Juaniza vs. Jose claiming ownership over. The SC ruled in favor of the 1 wife because Erlinda could
Eugenio Jose and Rosalia Arroyo have cohabited for 16 years. Jose is legally not provide proof that she had contributed money (she was only 19) to the
married to someone else. Jose owned and operated a jeep that was involved in an purchase of the land. Under FC 148, the land belongs to the conjugal partnership of
accident that caused death and injuries. Petitioners sue Eugenio and Rosalia for the man and his legal wife.
damages caused. The SC denied the motion with regard to the liability of Rosalia:
Since Eugenio and Rosalia are incapacitated to marry, the rules on ownership of Tumlos vs. Sps. Fernandez
property is NOT provided for by FC 144, as the petitioners claim. The jeepney Similar to the case of Agapay v. Palang, the mistress could not provide
belongs to the conjugal partnership of Jose and his legal wife; Rosalia is not liable. enough evidence that she had contributed her own money for the purchase of the
apartment building. Petition is denied, everything went back to the first wife.
Gomez vs. Lipana
nd st nd
Joaquin Lipana contracts a 2 marriage while his 1 was still subsisting. 2 Mallilin, Jr. vs. Castillo
wife dies and her heirs (Gomez) are petitioning the forfeiture of the husband’s Both parties cohabited during their own subsisting marriages and then
nd
share in a piece of land the spouses had purchased together since the 2 marriage eventually separated. During their cohabitation, they had set up a successful
was void ab initio, and that it was the husband who was in bad faith, applying Art. business together and several properties were acquired in the respondent’s
1417 of the Spanish Civil Code. The SC ruled that the article no longer applies; the (woman’s) name. Petitioner is claiming for his share of those properties, which
nd
solution would be to divide the property in half – one half to the 2 wife (heirs) and respondent is insisting as her own. The SC remanded the case to the RTC, stating
the other to the conjugal partnership of the husband and his first wife. that under FC 148, the separation of property will be proportionate to the actual
contribution for the acquiring of such. Both parties must show proof that they
Yap vs. CA contributed to the purchases before obtaining a share.
st
Maning Yap married Nancy Yap while his 1 marriage to Talina Bianong
st
was still subsisting, Shirley (petitioner) is his daughter with his 1 wife. Maning dies Saguid vs. CA
in a plane crash. The SC ruled that the separation of properties will follow the rules Property regime falls under FC 148 because the woman was validly
under the New Civil Code and not under the Spanish Civil Code. Therefore, only married to someone else before she and petitioner cohabited. Neither had proof of
Talina, her children and Nancy’s children (natural children by legal fiction) are exact amount contributed to the purchase of the property, therefore the property
entitled to a share. Nancy will not get anything because their marriage was void ab was divided 50-50 between them
initio.
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 48
Villanueva vs. CA (previous cases already discussed ) FAMILY RELATIONS
Joaquino vs. Reyes It doesn’t matter how much property one acquires; there FC Art. 149.
is a presumption of conjugality. The family, being the foundation of the nation , is a basic social institution which
public policy cherishes and protects. Consequently, family relations are governed
Francisco vs. Master Iron Works by law and no custom, practice or agreement destructive of the family shall be
2 parcels of land belonging to Eduardo and petitioner Josefina were levied recognized or given effect . (216a, 218a)
off because Eduardo owed money to respondent corporation. Petitioner tries to
claim land as her own paraphernal property but she could not provide clear Matilde Alavado v City of Tacloban and WCC
evidence that she purchased the land with her own funds prior to the marriage for -Courts look upon the presumption of marriage with great favor.
the court to agree. She also admits that when she and Eduardo started living -public and open cohabitation as husband and wife, birth certificate and baptismal
together, he was already incapacitated to marry her. Therefore, the land certificate were held as competent evidence.
presumably belongs to Francisco and his legal wife. -The marriage certificate is enough proof of marriage.
Marquino vs IAC (NCC is used coz FC can’t retroact, vested rights will be impaired) FC 175
st
1 issue: Art 285 clearly states that in action for recognition of a Illegitimate children may establish their illegitimate filiation in the same way and on
natural child may be brought only during the lifetime of the presumed the same evidence as legitimate children.
parents except if the mom or dad died during the minority or if a The action must be brought within the same period specified in Article 173 ( within
document should appear of which nothing has been heard where the life time or heirs for 5 years), except when the action is based on the second
mom or dad recognizes the child paragraph of Article 172 ( open and continuous possession of the status of a
The need to hear the side of the putative parent is an overwhelming legitimate child and any other means allowed by the Rules of Court and special
consideration because of the unsettling effects of such an action on laws) in which case the action may be brought during the lifetime of the alleged
the peace and harmonious relationship in the family of the putative parent
parent. Thus in this case, the father didn’t recognize the child during Comparison: for legitimate children, he has his lifetime to file for
his lifetime although the case was already instituted before he died recognition however for illegitimate children, he only has the lifetime of
nd
2 issue: Right of child can be transmitted to heirs if before the child the dad to file for recognition
died, action for recognition has already been filed (Conde vs. Abaya) Voluntary acknowledgment – if father is dead, child can’t file for
HOWEVER, under FC, even if minor, when dad dies, no action for recognition anymore
recognition coz minor here is illegitimate
FC 176
Ong vs CA Illegitimate children shall use the surname and shall be under the parental authority
Alfredo and Roberto were able to prove that they were the illegitimate of their mother, and shall be entitled to support in conformity with this Code. The
children of Manuel Ong through “over means as the ROC provides” legitime of each illegitimate child shall consist of one-half of the legitime of a
o Testimony of witness saying Saturnina (mom) cohabited with legitimate child
Manuel for a period in time without Saturnina having any
sexual relationships with other men Osmeña de Valencia v. Rodriguez (1949)
o Defense that Manuel was not sterile wasn’t proven by Illegitimate children of Pio Valencia were allowed to use the surname
medical evidences Valencia because he has allowed them to do so. Since birth, these
o Dolores Dy, common-law-wife of Manuel treated them like children have been given and have borne the surname with the
relatives as shown in the pictures and tokens of affection father’s consent.
given by Dolores Dy to the boys This also still applied under the FC.
FC 165 Jao vs CA
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 55
Blood grouping tests are conclusive as to non-paternity, although
inconclusive as to paternity. De Santos vs. Angeles 1995
In this case, the blood type of the child is not the possible blood type when All the eleven children of De Santos from his second marriage are
the blood of the mom and that of the alleged father are cross-matched. illegitimate because an American divorce is worthless in the
Blood grouping is merely conclusive as to exclusion Philippines and when these 11 children were born, De Santos still had
a subsisting marriage to Sofia Bona.
Uyguangco vs CA They can’t be legitimated after the death of De Santos first and legal
Graciano Bacjao alleges that he is an illegitimate son of the deceased wife because at the time these 11 children were born, De Santos
Uyguangco thus he is entitled to inherit the properties left by the didn’t have the capacity to contract a marriage with their mother.
latter. However his legit children are saying he doesn’t have evidence (although they got married in Tokyo, that marriage was invalid
Court ruled that Graciano, in absence of the documentary evidence because in the Philippines, De Santos still couldn’t contract a
provided by the civil court (record of birth, a will, statement before a marriage)
court record, or any authentic private writing by Uyguangco
recognizing Graciano) can not be allowed to prove that he is an Lim vs. Court of Appeals 1997
illegitimate child of a man who is already dead. (Art 278 of NCC) Maribel Cruz was able to prove that Raymond Lim was the father of
his daughter despite his denial through handwritten letters he wrote
Mangulabnan v. IAC to Maribel saying that they were lovers, through pictures of him
Edna Mangulaban filed for support for her illegitimate son by cuddling Joanna, the daughter, through the payments he made for
Ambrosio Asero. It was already proven that he was the biological son hospital bills and the apartment he rented for her, his name (with his
through testimonies; he was also an illegitimate son because consent) appearing on the certificate of live birth of Joanna and the
Ambrosio was married thus he didn’t have the capacity to contract a fact that he even got a copy of Joanna’s birth certificate when she
marriage with Edna. started going to school (as evidenced by the receipt in his name)
Filiation, though, must still be proven, according to NCC 887. Two SC ruled that Maribel was able to establish filiation under Art 175 of
ways: voluntary recognition (will, birth certificate, statement before a FC, paragraph 1: record of birth appearing in civil registrar
court of record, private document) and compulsory recognition (court
action recognizes filiation). In this case, the son had a birth certificate Tijing vs CA 2001 (case of the kidnapped son )
signed by the father and had 2 witnesses to prove paternity and It was proven here that Angelita wasn’t the real mother of Eduardo
filiation. Tijing because Angelita, during the time Eduardo was conceived and
born couldn’t bear children anymore because she underwent ligation
Mendoza vs. Court of Appeals There was no evidence that she got pregnant nor she bore a child
Teopista was able to prove that she is the illegitimate daughter of during the period in which Eduardo may h ave been possibly born
Casimiro, although he denied such in court. It was the common-law-husband of Angelita who filed the birth
Casimiro provided her and her husband with livelihood. certificate of Eduardo (who was there named Thomas) four months
He allowed to their son to build a house in his lot. after the alleged birth, instead of the midwife or the attending Dr.
Casimiro opened a bank account for them. There was a testimony from Vasquez that she helped Bienvenida (real
Relatives of Casimiro testified Teopista’s mother and Casimiro were mom) during the delivery of Eduardo and that Eduardo (now named
sweethearts and that he gave Teopista money ( PEDIGREE) Thomas) had very strong similiarities with Bienvenida. And there were
Declaration of Teopista’s mother also clinical records to prove such birth.
Teopista called him as “Papa Miroy” Writ of habeas corpus is proper to regain custody of the said child.
Under Art. 172 (other methods), she has established her status as the
illegitimate daughter of Casimiro Mendoza. Eceta vs. Eceta 2004
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Rosalina was able to prove her filiation to Vicente through the photocopy No match – conclusive
of the birth certificate which was duly authenticated by the civil registrar
and signed by Vicente himself. Notes from Legarda’s lecture
This act of signing alone, Vicente has acknowledged his paternity over 1. Legitimate Children can prove filiation under Art. 172
Teresa 2. Illegitimate Children may establish filiation under Art 175
3. Proof of Filiation of Legitimate and Illegitimate Children
Briones vs. Miguel 2004 a. Record of birth – signed by father
Joey Briones seeks to have joint custody of the child since at present, the b. Public documents (like a will or statement in court record)
child is already with his mother in Japan. However, since the son is an c. Private handwritten documents
illegitimate child (natural since the parents were legally capacitated to 4. Under Art 173, only child can prove filiation, this right is intransmissible
nd
remarry but decided not to), and his parents are separated, naturally, he 5. Legitimate Children can prove filiation under Art 172, 2 paragraph,
must live with his mother. number 2 (any other means which the ROC provide)
Under 213 of the FC, children below 7 years old must not be separated a. School records
from their mothers b. Last will of the father
Under 176 of the FC, the illegitimate child shall use the surname and shall c. Last will of the sister
be entitled to support from the father. d. Pedigree
e. Witnesses, testimonies
Cabatania vs. Court of Appeals 2004 f. Marriage of parents
Mom here was claiming that her son was also the son of her boss, g. Cohabitation
Cabatania. She said that her husband left her in the early part of 1981 and h. Use of surname
her son was born in 1982. i. Baptismal certificate
Filiation wasn’t proven here because the birth certificate of the minor child j. Family photographs
wasn’t signed by the alleged father, the boss of the mom. 6. Only father can say that the child is not his
Mom’s testimony was false when she claimed that she was a widow but in 7. No one else can impugn his legitimacy
fact her husband was still alive. 8. Ways to prove filiation for ill egitimate children (father has to be alive)
Thus this son was declared by the court as the legitimate son of the mom a. Relatives of the father recognized the child
and her legal husband (who left her) since they still had a subsisting valid b. Execution of wills or statements in court record
marriage. (Art 167 of FC) c. Sexual relations
d. Support
Agustin vs. Court of Appeals 2005 e. Employment
An unrecognized illegitimate child is still entitled for support as long as it is f. Use of residence, use of surname
proven through means provided by court (Art 172) g. DNA
In this day and age, DNA testing is possible to prove the filiation of a son to h. called him papa
the alleged father, however it is still not conclusive to conclude paternity, it i. pedigree – most important
is only conclusive to conclude non-paternity. j. father registered birth
An illegitimate child, to be entitled to support and successional rights from k. report cards
the putative father, must prove his filiation to the latter. l. birth certificates signed by father
Angeles v. Maglaya (a) the physical incapacity of the husband to have sexual intercourse with his wife;
Corazon, claiming to be deceased's sole legit child. Is she? Presumption of (b) the fact that the husband and wife were living separately in such a way that
legitimacy may be availed only if there is proof of the marriage and the child's sexual intercourse was not possible; or
conception or birth during marriage. In this case, there was no proof of marriage (c) serious illness of the husband, which absolutely prevented sexual intercourse;
presented. Also, a past case had pronounced her as not a legitimate child. Res (2) That it is proved that for biological or other scientific reasons, the child could not
judicata. have been that of the husband, except in the instance provided in the second
paragraph of Article 164; or
Guy v. CA (3) That in case of children conceived through artificial insemination, the written
If action is based upon open and continuous possession of the status of a illegit authorization or ratification of either parent was obtained through mistake, fraud,
child, or any other means allowed by the rules or special laws, it may only be violence, intimidation, or undue influence. (255a)
brought during the lifetime of the alleged parent. Illegitimate children who were
still minors at the time the Family Code took effect and whose putative parent died Andal v. Macaraig
during their minority are given the right to seek recognition for up to 4 years from As long as he was born within 300 days following the dissolution of the marriage, he
attaining majority. is presumed legitimate. It can only be rebutted by proof that it was physically
impossible to have intercourse during the first 120 days. Just because he had
Verceles v. Posada tuberculosis and can barely move doesn't make it physically impossible. "The
Authentic writing is in itself a voluntary recognition that does not require a separate funniest case in the whole wide world" (Legarda, 2009).
action for judicial approval. The handwritten letters of Teofisto in response to
Clarissa’s confession of her pregnancy, two of which were in his letterhead as Macadangdang v. CA
Mayor, are conclusive that he had sired Verna. Moreover, in his Memorandum he She had an affair, and because of that affair she was separated from her husband.
admitted his affair with Clarissa, his exchange of love letters, and his giving money She gave birth. The son is the legit child of the spouses. CC 255: Children born after
during her pregnancy. 180 days after marriage and before 300 days following its dissolution or the
separation of the spouses shall be presumed to be legit. No other evidence shall be
People v. Umanito admitted against this presumption other than physical impossibility.
Rape. Court ordered DNA testing. With the advance of DNA technology, it is
possible to determine whether appellant is the father of the child. Concepcion v. CA
The presumption of legitimacy proceeds from marriage. To overthrow this
Montefalcon v. Vasquez presumption it must be shown that there was no access that could enable the
Mother filed for acknowledgment and support alleging that Laurence is the illegit husband to be the father of the child. Even if they were separated for 10 years and
son of Vasquez. He signed birth certificate. If the father signed the certificate of live she already is living with another man, the child still belongs to the valid marriage.
birth, there is no need to file any action for acknowledgment. The real husband is shown to be living in the same town so physical access was not
impossible.
DOJ Opinion No. 11
DOJ Opinion No. 4 AM No. 06-11-5-SC Rule on DNA Evidence
the court may order DNA testing. It is final and executory and shall not be
FC 166. appealable.
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(3) That in case of children conceived through artificial insemination, the written
Jao v. CA authorization or ratification of either parent was obtained through mistake, fraud,
Blood grouping tests are conclusive as to non-paternity, although inconclusive as to violence, intimidation, or undue influence. (255a)
paternity.
FC 167
People v. Tumimpad The child shall be considered legitimate although the mother may have declared
same as Jao. A man was dropped as suspect from a rape case because of the result against its legitimacy or may have been sentenced as an adulteress. (256a)
of a blood grouping test with the child.
Chua Keng Giap v. IAC
Tijing v. CA This case involved maternity, not paternity. Who better than the putative mother
SC opened the possibility of admitting DNA as evidence of parentage. would know if someone is really her son? It is the putative mother who could say
that Chua Keng Giap is not her son.
Herrera v. Alba
So far, the laws, rules, and jurisprudence seemingly limit evidence of paternity and Rodriguez v. CA
filiation to incriminating acts alone. However, advances in science show that Transition from CC to FC. CC 280 repealed by the FC 175 = illegit filiation can be
sources of evidence of paternity and filiation need not be limited to incriminating proved in the same way as legit filiation. FC 172 also cited.
acts. There is now almost universal scientific agreement that blood grouping tests
are conclusive on non-paternity, although inconclusive on paternity. FC 168
In assessing the probative value of DNA evidence, therefore, courts should consider, If the marriage is terminated and the mother contracted another marriage within
among other things, the following data: how the samples were collected, how they three hundred days after such termination of the former marriage, these rules shall
were handled, the possibility of contamination of the samples, the procedure govern in the absence of proof to the contrary:
followed in analyzing the samples, whether the proper standards and procedures (1) A child born before one hundred eighty days after the solemnization of
were followed in conducting the tests, and the qualification of the analyst who the subsequent marriage is considered to have been conceived during the former
conducted the tests marriage, provided it be born within three hundred days after the termination of
the former marriage;
Agustin v. CA (2) A child born after one hundred eighty days following the celebration of
compulsory DNA testing does not go against the right to self-incrimination. It is the subsequent marriage is considered to have been conceived during such
constitutional. marriage, even though it be born within the three hundred days after the
termination of the former marriage. (259a)
Estate of Rogelio Ong v. Minor Joanne Diaz
The putative father died during the pendency of the action for recognition. Court FC 169.
remanded for DNA analysis. DNA tests can be had even after death of the putative The legitimacy or illegitimacy of a child born after three hundred days following the
father, as long as there are biological samples. termination of the marriage shall be proved by whoever alleges such legitimacy or
illegitimacy. (261a)
People v. Quitoriano
the fact that the girl gave birth 10 months after the alleged rape doesn't mean the FC 170.
rapist isn't the father. Gestation period can extend beyond 40 weeks if it's the The action to impugn the legitimacy of the child shall be brought within one year
woman's first pregnancy. 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
FC 166 the birth took place or was recorded.
(3) Legitimacy of a child may be impugned only on the following grounds:
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If the husband or, in his default, all of his heirs do not reside at the place of Art. 172.
birth as defined in the first paragraph or where it was recorded, the period shall be The filiation of legitimate children is established by any of the following:
two years if they should reside in the Philippines; and three years if abroad. If the (1) The record of birth appearing in the civil register or a final judgment; or
birth of the child has been concealed from or was unknown to the husband or his (2) An admission of legitimate filiation in a public document or a private
heirs, the period shall be counted from the discovery or knowledge of the birth of handwritten instrument and signed by the parent concerned.
the child or of the fact of registration of said birth, whichever is earlier. (263a) 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
Art. 171. (2) Any other means allowed by the Rules of Court and special laws.
The heirs of the husband may impugn the filiation of the child within the period Notes:
prescribed in the preceding article only in the following cases: Father who signs birth certificate of child assumes legitimacy unless it’s a
(1) If the husband should died before the expiration of the period fixed for bringing fake (mom never got pregnant/contrary evidence)
his action; If father signs prima facie evidence of filiation
(2) If he should die after the filing of the complaint without having desisted Date of marriage is there – legitimate.
therefrom; or
(3) If the child was born after the death of the husband. (262a) Continuous and open filiation – direct, spontaneous, and public admission
that he is father (doesn’t need to be forever)
Cabatbat-Lim v. IAC Continuous possession is NOT recognition, merely a ground to compel
Violeta claims that she is an acknowledged natural child, to inherit. But there were filiation.
no hospital records that the putative mother ever gave birth, nor record of her birth
certificate. Being neither a legally adopted child nor an acknowledged natural child, Art. 173.
she's not a legal heir of the deceased. 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
Gaspay V CA state of insanity. In these cases, the heirs shall have a period of five years within
Recognition of illegitimate child was proven through letters and the fact that which to institute the action.
petitioner used the deceased’s last name. Notes:
- Legitimates – whole of child’s lifetime to prove legitimacy (doesn’t’
Benitez- Badua V. CA matter if father’s dead). Can’t pass on right (in transmissible) except when she dies
showed that FC articles 164, 166, 170 and 171 can only be used when a husband during (1) minority (2) insanity (3) dies while instituting the action
impugns that a child is his, not when both spouses allege that the child isn’t theirs.
In this case, it was proven that she was not the couple’s biological child since wife Diaz V CA
never became pregnant which witnesses corroborated and birth certificate is legitimacy of child was proven through the ff evidence: (1) school records bearing
dubious because it stated that she was born in their household not in a hospital. the last name of the father, (2) last will and testament which recognized him as
brother and sister of full blood children, (3) sister’s confirmation that he was her
Liyao Jr. V. Tanhoti-Liyao brother during her appointment as administrator of their father’s estate, (4) court
petitioner William Liyao is considered to be the legitimate son from the first order mentioning that he was their brother which they did not contest.
marriage and not the illegitimate son from the extramarital relationship his mother All these evidence if taken individually do not prove legitimacy but when taken
had. This is considering that first marriage is still legal and no legal separation was together do.
made.
Legitimacy is favored more than illegitimacy even if mother contests legitimate Reyes V CA
status. Petitioner was not able to prove her illegitimate status since no sufficient legal
recognition was shown in documents she presented ie. School
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Definitions discussed: - A baptismal certificate, though it may signify that alleged parent
- authentic writing, - does not need to be a public instrument but should prove that was her father, is not a proof of the parentage of the baptized
it was in alleged parent’s handwriting and the contents of which correspond to person. A baptismal certificate, a private document, is not
actual facts or signed by parent. conclusive proof of filiation.
- Public instrument – either (1) private individuals who execute documents
authenticated by a notary or (2) documents issued by competent public official with Tecson V Comelec
formalities req by law shows application of FC 172’s “any other means allowed by the Rules of Court and
- Marriage certificate is NOT a public instrument since it wasn’t special laws”.
notarized and is only declaration of contraction parties of their Legitimacy of FPJ was proven through notarized declaration of FPJ’s maternal aunt,,
marriage. as proof of the acts of his alleged father recognizing his own paternal relationship
with FPJ, such as living together with FPJ’s mother and siblings in one household.
Tison V CA
testimony of aunt regarding petitioner’s pedigree is proof of her legitimacy. De Jesus V Estate of Decedent Juan Gamboa Dizon
In order for declaration of pedigree to be considered the ff should be present: 1) concerns two persons who want to be recognized as the illegitimate children of the
that the declarant is either dead or unable to testify; 2) that the declarant be deceased Dizon who also recognized them in accordance with rules as his
related to the person whose pedigree is subject of inquiry, 3) that such relationship illegitimate daughters.
be shown by evidence other than the declaration 4) that the declaration was made However Court held that before they can prove their illegitimacy they must first
ante litem motum (before the commencement of the suit). impugn their legitimacy since they were born during the subsistence of their
Such declaration may stand only if it pertains to the claimant’s right over the mother’s marriage to another man Jesus. No proof of physical impossibility was
declarant’s own estate. If however the declaration is to claim a right from another presented and certificates of live birth also recognize Jesus as their father. Thus
family member other than the declarant’s estate the declaration may not be only when their legitimacy has been disputed can the paternity of Jesus be
deemed credible. rejected.
Notes: Ilano V Ca
Compare with art 172 – IS established not may established. discusses that while child may have been conceived through an adulterous
173 – can be brought in lifetime of child (voluntary acknowledgment) relationship, this does not mean she cannot file for recognition. Evidence of his
unless it’s under 172 for continuous and open filiation of illegitimacy. recognition of her such as financial support, testimonies, and signing her school
records as her father prove that she is his illegitimate child.
only case)
The action for recognition of a natural child is extinguished at the death of
the putative father. The party in best position to oppose the case is the
putative parent himself. The need to hear the side of the putative parent is
Article 172 of the Family Code an overwhelming consideration because of the unsettling effects of such
Mendoza vs Court of Appeals (September 24, 1994) action on the peace and harmonious relationship in the family of the
An illegitimate child is allowed to establish his claimed filiation by “any putative parent.
other means allowed by the Rules of Court and special laws” according to
the Civil Code, or “by evidence or proof in his favor that the defendant is Fernandez vs Court of Appeals (February 16, 1994)
his father” according to the Family Code. Such evidence may consist of his Photographs showing closeness between the alleged father and the
baptismal certificate, a judicial admission, a family Bible in which his name petitioners are inconclusive.
has been entered, a common reputation respecting his pedigree, A birth certificate which is not signed by the alleged father therein
admission by silence, the testimonies of witnesses, and other kinds of indicated is not competent evidence of paternity.
proof admissible under Rule 130 of the Rules of Court. Testimony of the priest who baptized the child was not given weight as he
In this case, the other means whixh proved that Teopista Tunacao has could not possibly recall every parnet of the children he baptizes.
been in continuous possession of the status of a recognized illegitimate
child are: Eceta vs Eceta (May 20, 2004)
the financial doels made by Casimiro (alleged father) to Brigida Toring Respondent Maria Theresa successfully established her filiation with the
(Teopista's mother) deceased Vicente Eceta by presenting a duly authenticated birth
the hiring of Teopista's husband to drive the passenger truck of certificate, which was signed by Vicente. The act of signing alone shows
Casimiro that Vicente has acknowledged his paternity over Maria Theresa.
when Casimiro sold the vehicle, he gave the proceeds of the sale to If the birthe certificate is signed by the father, the child need not prove
Teopista anything else.
Casimiro gave permission to Lolito Tunacao (Teopista's son) to buid a
house on his land David vs Court of Appeals (November 26, 1995)
Casimiro opened a joint account with Teopista → Father brought illegitimate child to Borocay with his legal family. Father then
refused to give back son to the mother. Mother filed a petition for habeas corpus.
Marquino vs Intermediate Appellate Court Article 176 of the Family Code provides that an illegitimate child is under
The heirs of natural child cannot continue the action for recognition upon the parental authority of his mother. As a consequence of such authority,
the natural child's death. Recognition is not transmissible. the mother is entitled to have custody of the child.
Article 285 of the Civil Code provides that an action for recognition of Article 213 of the Family Code provides that “no child under seven y ears of
natural children may be brought only during the lifetime of the putative age shall be separated from the mother unless the court finds compelling
parent, except in the following cases: reasons to order otherwise”.
1. If the father or mother died during the minority of the child, in which Recognition of the child is only a ground for support and not custody. Also,
case the latter may file action before the expiration of four years from affluent life does not guarantee grant of custody.
attainment of his majority. (does not apply to the case since it was Petition for habeas corpus is a proper remedy for those deprived of
filed when Bibiana was already 45 years old) custody when they are entitled thereto.
2. If after the death of the father or mother a document should appear
of which nothing had been heard and in which either or both parents Tonog vs Court of Appeals (February 7, 2002)
recognize the child. In this case, the action should be filed within four Law presumes that the mother is the best custodian. But father's right to
years from the discovery of the document. (no such document in this custody is also recognized if the mother is proven by compelling reasons to
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be unfit (neglect, abandonment, unemployment, immortality, etc.). If the father while his mother has always recognized him as her child. A change
child is older than 7 years old, he is allowed to state his preference, but the of name will erase the impression that he was ever recognized by his
court is not bound by that choice. It can give custody to other parent if the father.
child's preferred parent is proved to be unfit. It can also give custody to a
third person. RPC Art. 345
Fitness of mother for custody is a question of fact (case remanded to trial Civil liability of persons guilty of crimes against chastity . — Person guilty of rape,
court). seduction or abduction, shall also be sentenced:
1. To indemnify the offended woman.
Liyao vs Liyao (March 7, 2002) 2. To acknowledge the offspring, unless the law should prevent him from
→ Wife cohabited with another man and had a child by him while her marriage is so doing.
still subsisting. Upon death of her lover she sought for her child to be recognized as 3. In every case to support the offspring.
the legitimate child of her lover (who is filthy rich).
The law presumes that all children born within a valid marriage are PD 603 (The Child and Youth Welfare Code)
legitimate (even if the spouses in this case had been living separately for
10 years or if it was physically impossible for them to have sexual Article 46.
intercourse when the child was conceived and born) General Duties. - Parents shall have the following general duties toward their
NCC 262 provides that the impugnation of the legitimacy of the child may children:
only be validly invoked by the father and not the mother of the child, 1. To give him affection, companionship and understanding;
because “he is the one directly confronted with the scandal and ridicule 2. To extend to him the benefits of moral guidance, self-discipline and
which the infidelity of his wife produces and he should be the one to religious instruction;
decide whether to conceal that infidelity or expose it in view of the moral 3. To supervise his activities, including his recreation;
and economic interest involved. 4. To inculcate in him the value of industry, thrift and self-reliance;
FC 167 provides that “the child shall be considered legitimate although the 5. To stimulate his interest in civic affairs, teach him the duties of
mother may have declared against its legitimacy or may have been citizenship, and develop his commitment to his country;
sentenced as an adultress”. 6. To advise him properly on any matter affecting his development and
well-being;
Leonardo vs Court of Appeals (September 10, 2003) 7. To always set a good example;
→ Child of common-law spouses not allowed by court to use her father's surname. 8. To provide him with adequate support, as defined in Article 290 of the
Article 176 of the Family Code: Illegitimate children SHALL use the surname Civil Code; and
and shall be under the parental authority of their mother.... 9. To administer his property, if any, according to his best interests, subject
During this case RA 9255, which allowed recognized illegitimate children to to the provisions of Article 320 of the Civil Code.
use theis father's surrname, does not exist yet.
Article 59.
Republic of the Philippines vs Capote ( February 2, 2007) Crimes. - Criminal liability shall attach to any parent who:
→ Unrecognized Illegitimate child who used his father's surname was allo wed to 1. Conceals or abandons the child with intent to make such child lose his
have it changed to his mother's surname. civil status.
An illegitimate child whose filiation is not recognized by the father bears 2. Abandons the child under such circumstances as to deprive him of the
only a given name and his mother's surname, and does not have a middle love, care and protection he needs.
name. The name of the unrecognized illegitimate child identifies him as 3. Sells or abandons the child to another person for valuable consideration.
such (FC 176 which repealed NCC 336) 4. Neglects the child by not giving him the education which the family's
The child is entitled to change his name as he was never recocnized by his station in life and financial conditions permit.
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5. Fails or refuses, without justifiable grounds, to enroll the child as alleged filiation.
required by Article 72.
6. Causes, abates, or permits the truancy of the child from the school Gapusan vs Court of Appeals (March 15, 1990)
where he is enrolled. "Truancy" as here used means absence without cause → The mother in her statement of assets and liabilities, GSIS life insurance, and
for more than twenty schooldays, not necessarily consecutive. application for membership in the Negros Occidental Teacher's Federation named
7. It shall be the duty of the teacher in charge to report to the parents the the petitioner as her daughter. These documents were authenticated.
absences of the child the moment these exceed five schooldays. The sworn statement of assets and liabilities filed by the mother is a public
8. Improperly exploits the child by using him, directly or indirectly, such as document having been executed and submitted pursuant to a requirement
for purposes of begging and other acts which are inimical to his interest of the law.
and welfare. A public document with recognition of filiation proves voluntary
9. Inflicts cruel and unusual punishment upon the child or deliberately recognition (refer to table).
subjects him to indignation and other excessive chastisement that → Petitioner must be held a voluntarily acknowledged natural child of her mother;
embarrass or humiliate him. therefore, entitled, in accordance with NCC 282, to bear her mother's surname and
10. Causes or encourages the child to lead an immoral or dissolute life. to receive the hereditary portion accorded to her by the Code.
11. Permits the child to possess, handle or carry a deadly weapon,
regardless of its ownership. People vs Barranco (August 31, 1989)
12. Allows or requires the child to drive without a license or with a license Rape convist does not have to recognize child he had by his victim, but he
which the parent knows to have been illegally procured. If the motor has to support the child in accordance with law.
vehicle driven by the child belongs to the parent, it shall be presumed that
he permitted or ordered the child to drive. People vs Rizo (August 30, 1990)
"Parents" as here used shall include the guardian and the head of the institution or → A 2-year old mentally retarded woman raped and impregnated by her yaya's
foster home which has custody of the child. husband.
Trial court erred in ordering accused to recognize the child as his legitimate
Solinap vs Locsin (December 10, 2001) son despite the fact that said accused is a married man.
→ birth certificate presented as evidence was falsified If the rapist is a married man, he cannot be compelled to recognize the
Birth certificate offers only prima facie evidence of filiation and may be offspring of the crime, should there be any, whether legitimate or
refuted by contrary evidence. Its evidentiary worth cannot be sustained illegitimate.
where there exists strong, complete and conclusive proof of its falsity or
nullity. People vs Magtibay (August 6, 2002)
Photograph of child with mother near the coffin of the putative father → Raymundo Magtibay was sentenced to reclusion perpetua for rape.
cannot and will not constitute proof of filiation. Anybody can have a Considering that an offender sentenced to reclusion perpetua
picture taken while standing before a coffin with others and thereafter automatically loses parental authority over his children, no further positive
utilize it in claiming the estate of the deceased. act is required of the parent as the law itself provides for the child's status.
Accused should only be ordered to indemnify the victim and support the
People of the Philippines vs Delantar (February 2, 2007) child.
→ rape victim of Romeo Jalosjos needed to prove filiation to the accused so that
the maximum penalty for prostitution can be impposed upon the putative father. Dempsey vs Regional Trial Court
The birth certificate of the victim is prima facie evidence only of the fact of → Cases filed against father of an illegitimate child for violation of provisions in PD
her birth and not of her relation to the accused-appellant. 603 (abandonment and refusal to give support)
Where the birth certificate presented was not signed by the father against Article 69 of P.D. 603 penalizes abandonment of a minor child by its
whom filiation is asserted, such may not be accepted as evidence of the parent, as provided in Article 59, with imprisonment from two to six
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months or a fine not exceeding five hundred pesos or both. to marry each other, are natural.
What is being sought in one of the two cases is the continuity of the Legitimation is limited to natural children and cannot include those born of
support by the father. This cannot be the basis of a criminal conviction. adulterous relations.
The law itself (PD 603) protects even illegitimate children. Illegitimate The reasons for this limitation are as follows:
children have rights of the same nature as legitimate and adopted children. (1) rationale of legitimation would be destroyed;
This is enunciated in Art. 3, P.D. 603 which provides that " all children shall (2) it would be unfair to the legitimate children in terms of successional rights;
be entitled to the rights herein set forth without distinction as to (3) there will be the problem of public scandal, unless social mores change;
legitimacy or illegitimacy, sex, social status, religion, political antecedents, (4) it is too violent to grant the privilege of legitimation to adulterous children as it
and other factors." Rights must be enforced or protected to the extent that will destroy the sanctity of the marriage; and
it is possible to do so. (5) it will be very scandalous, especially if the parents marry many years after the
The new Family Code erases any distinction between legitimate or adopted birth of the child.
children on one hand and acknowledged illegitimate children on the other,
insofar as joint parental authority is concerned. Article 211 of the Family ADOPTION
Code, merely formalizes into statute the practice on parental authority. Lazatin v Campos:
In this criminal prosecution, where the accused pleaded guilty to criminal The issue was whether Renato could take part in the estate of deceased
charges and the issue of recognition was not specifically and fully heard Mariano Lazatin which hinges on the issue of whether Renato was an adopted
and tried, the trial court committed reversible error when it ordered illegitimate child of the deceased. His only evidence of adoption was an affidavit
recognition of a natural child as part of the civil liability in the criminal executed by the brother of the deceased. SC denied his petition: Only an adoption
case. made through the court is considered valid. To establish the relation, the statutory
requirements must be strictly carried out, otherwise, the adoption is an absolute
People vs Bayani (Octber 3, 1996) nullity. Only the records of the court constitute the evidence by which such
Admission of accused of paternity of rape victim's child gives rise to adoption may be established.
obligation to provide support.
Rape convict who is married can only be sentenced to indemnify the victim Cervantes V Fajardo:
and support the offspring. After a court order making Angelie the adopted child of spouses Cervantes,
her natural parents took her away from the said adoptive parents, demanding
FC Article 177. P150,000 otherwise they wouldn’t pe rmit the adoption. Court ruled that Angelie
Only children conceived and born outside of wedlock of parents who, at the time of properly belongs to the adoptive parents, since a decree of adoption has the effect,
the conception of the former, were not disqualified by any impediment to marry among others of dissolving the authority vested on natural parents over the
each other may be legitimated. (269a) adopted child. The adopting parents have the right to the care and custody of the
adopted child and exercise parental authority and responsibility over him.
Abadilla vs Tabiliran
→ Judge Tabiliran charged for gross immorality for publicly cohabiting and marrying Daoang vs. Agonoy:
another woman while his first marriage was still subsisting. (the case that answered the grounds for disqualification from adoption)
Despite his subsequent marriage to Priscilla, the three children cannot be Grandchildren petitioned for the disqualification of their grandparents from
legitimated nor in any way be considered legitimate since at the time they adopting, invoking Art 335 of the NCC, which states that those who have legitimate,
were born, there was an existing valid marriage between the judge and his legitimated, acknowledged natural children, or children by legal fiction cannot
first wife. adopt.
Article 269 of the Civil Code states that: Only natural children can be SC ruled that under E.O. 91, which is the law in force, having legitimate,
legitimated. Children born outside of wedlock of parents who, at the time legitimated, acknowledged natural children, or children by legal fiction, is no longer
of the conception of the former, were not disqualified by an impediment a ground for disqualification to adopt.
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 66
E.O. 91, Art. 28 d. emotionally and psychologically capable of caring for children,
Enumerates the following persons who may not adopt: e. at least sixteen (16) years older than the adoptee, (note:
(1) married person without written consent of spouse; requirement may be waived when the adopter is the biological
(2) guardian with respect to the ward prior to the final approval of his accounts; parent of the adoptee, or is the spouse of the adoptee's parent ;
(3) person convicted of a crime involving moral turpitude; f. has means for support and care of the child.
(4) alien disqualified to adopt under laws of his own country or one with whose 2. Aliens have the same criteria as above for qualification provided that
government the Republic of the Philippines has broken diplomatic relations; a. alien’s country has diplomatic relations with the Republic of the
(5) alien whose government or place of residence abroad has no agency that can Philippines,
provide competent professional evaluation (Homestudy) of adoptive family and b. alien living in the Philippines for at least three (3) continuous
post-placement services to the child and the family. years prior to the application for adoption
c. alien was certified by his/her diplomatic or consular office or any
Duncan vs. CFI: appropriate government agency with the:
Petitioners are aliens who wished to adopt Colin Christensen, natural child i. certification of the legal capacity to adopt in alien’s
of an unwed mother who didn’t wish to reveal her identity that is why she was country,
represented by a certain Atty Velasquez. CFI dismissed since under NCC 340, ii. certification allowing the adoptee to enter alien’s
written consent of the parents, guardian or person in charge of the person to be country as his/her adopted son/daughter:
adopted is mandatory. Question is whether Atty Velasquez is a proper person 3. The requirements on residency and certification of the alien's
required by law to give consent to the adoption. SC ruled that since the mother qualifications to adopt may be waived if the alien is:
abandoned the baby and the attorney was the one who had actual physical custody a. a former Filipino citizen who seeks to adopt a relative within the
of the infant, she is the guardian of the baby. fourth (4th) degree of consanguinity or affinity;
In short, consent to the adoption of the natural mother who abandoned her child is b. one who seeks to adopt the legitimate child of his/her Filipino
not necessary. Person who had actual custody of the abandoned child (legal spouse;
guardian) is sufficient. c. married to a Filipino citizen and seeks to adopt jointly with
his/her spouse a relative within the fourth (4th) degree of
Ma’am Legarda skipped the cases when she was discussing adoption in class, consanguinity or affinity of the Filipino spouse; or
saying that what’s important here is to memorize RA 8552. 4. The guardian with respect to the ward after the termination of the
guardianship and clearance of his/her financial accountabilities.
RA 8552: An Act establishing the rules and policies on the domestic adoption of 5. Husband and wife shall jointly adopt , except when
Filipino children and for other purposes (baka itanong sa bonus) (i) spouse seeks to adopt his/her spouse’s legitimate kid
(ii) spouse seeks to adopt his/her own illegitimate kid: pero dapat
IMPORTANT! Provisions to memorize (sabi ni maam): may consent pa rin yung other spouse
1. Who may adopt (section 7), (iii) spouses are legally separated from each other.
2. Who may be adopted (section 8)
3. Whose Consent necessary for adoption (section 9) SEC. 8. Who May Be Adopted.
. a) below eighteen (18) years of age declared available for adoption;
SEC. 7. Who May Adopt b) The legitimate kid of one spouse by the other spouse;
1. Any Filipino citizen c) illegitimate kid by a qualified adopter to make her legitimate
a. of legal age, d) A person of legal age if he had been treated like the child of the adopter
b. in possession of full civil capacity and legal rights, since he was a minor
c. of good moral character, has not been convicted of any crime e) A child previously adopted
involving moral turpitude, f) An “ulila”, pero bawal ampunin within 6 months after the death of parents
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 67
brother because she used to be a Filipino but it is against FC 185 which provides
SEC. 9. Whose Consent is Necessary to the Adoption . that the spouses must adopt jointly unless the adoptee is one’s illegitimate child or
a) The kid being adopted, if 10 years old and above the legitimate child of his spouse.
b) biological parents, or the legal guardian, or the agency having legal custody
over the kid; FC 189-
c) legitimate and adopted sons/daughters, ten (10) years of age or over, of Effects of Adoption: a. adopted becomes adopter’s legitimate child; b. natural
the adopter(s) and adoptee, if any: parent’s parental authority is terminated; and c. adopted remains an heir of blood
d) illegitimate kids, if 10 years of age or over, of the adopter if living with relatives. (amended by PD 603 (1)-same as a.; (2)-same as b.; (3)-use of surname)
adopter and the latter's spouse, if any; and
e) The spouse, if any, of the person adopting or to be adopted. FC186
When spouses adopt or the one adopts the legitimate child of the other, there is
Landingin vs RP joint parental authority.(amended by A29 of EO 91 (amends PD 603)-husband and
written CONSENT of natural parents, adopter’s children and adoptees are needed wife who jointly adopts will exercise parental authority as if the adopted is their
(Sec. 19 RA 8552 “AN ACT ESTABLISHING THE RULES AND POLICIES ON THE own natural child, if one spouse is an alien-spouses must jointly adopt)
DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR OTHER PURPOSES” . The
natural right of a parent to her child requires that her consent must be obtained EFFECTS OF ADOPTION
before her parental rights and duties may be terminated and re-established in Tamargo vs CA
adoptive parents. Leaving custody and care of children to another when she works Adoptee shot and killed someone a month before his grant of adoption. To hold
abroad does not constitute ABANDONMENT. Mother still sends financial support. that parental liability is retroactively lodged to adopting parent is unfair and
Adopter is already of old age and failed to prove FINANCIAL ability to support unconsociable since they could not have foreseen or prevented the shooting since
adoptees. the adoptee is not yet in their custody. Natural parents are lodged with the
parental liability for it exist between parents and a minor LIVING with them whom
Pardo de Tavera vs. Cacdac (1988) law presumes to exercise supervision and control over the child.
It is not bureaucratic technicalities but the best interests of the child that should be
the principal criterion in adoption cases. Department of Social Welfare (now the Cervantes vs. Fajardo
Ministry of Social Services and Development) refused to issue travel clearance to Natural mother took her child and demanded money from adopting parents. The
the adopted child of the British couple for the MSSID must first have a case study provision that child under 5 years old shall not be separated with mother shall not
and for failure to comply with the 6 month trial period under Art. 35 of PD 603 “THE apply when court rules otherwise considering the moral, physical, social welfare of
CHILD AND YOUTH WELFARE CODE”. The court dispensed with the trial period for it child taking into account the resources, moral and social standing of contending
is satisfied with the report of the court’s Social Worker and that the couple works parents. Aside from the fact that parental authority of natural parent is already
abroad. The money handed to natural mother by the Brits is just a gesture of dissolved by the adoption (FC 189 par.2), natural mother is not morally upright
assistance and not contrary to Art 32 of PD 603 (hurried decision to give up (jobless, maintaining illicit relation, has a child different from adoptee’s biological
custody). Court decision is final and executory and refusal to issue the child a father, biological father has a legitimate family.)
passport is depriving the Brits of their vested legal right to be with their adopted
child. FC 189-see above
FC 190
Republic vs Toledano -provides for the legal succession to the estate of the adopted (6 paragraphs not
American citizen married Filipina which in turn became naturalized US Citizen. The mentioned in Stephanie Garcia case)
husband cannot adopt the younger brother of his wife because FC 184 provides
that an alien (not married to a Filipino) cannot adopt unless he is a former Filipino In the matter of Adoption of Stephanie Garcia-The child can use her natural
who seeks to adopt a blood relative. It may appear that the wife can adopt her own mother’s surname as middle name. Even if the adopted is deemed to be a
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 68
legitimate child of the adopter for all intents and purposes, it is necessary to vocation, even beyond the age of majority. Transportation shall include expenses in
preserve and maintain filiation with her natural mother because she remains to be going to and from school, or to and from place of work. (290a)
an intestate heir of the latter under FC A189(3).
Art. 195.
FC 191- Subject to the provisions of the succeeding articles, the following are obliged to
Minor/incapacitated adopted represented by an authorized person appointed by support each other to the whole extent set forth in the preceding article:
court can file for rescission on grounds same as for loss of parental authority. (1) The spouses;
Adopted 18 yrs old can rescind adoption on same grounds as for disinheriting (2) Legitimate ascendants and descendants;
ascendants (amended by PD A40- only the first sentence of FC 191 remains) (3) Parents and their legitimate children and the legitimate and illegitimate children
of the latter;
FC 192- (4) Parents and their illegitimate children and the legitimate and illegitimate
adopter may rescind adoption if a. adopted committed act which is ground for children of the latter; and
disinheritance or b. if adopted abandoned the adopters at least 1 yr or by some (5) Legitimate brothers and sisters, whether of full or half-blood (291a)
other acts that definitely repudiates adoption (amended by PD 603 A41-1. when
adopted attempted against life of adopter/s; 2. adopted abandoned home for 3 yrs Art. 196.
and unable to locate after earnest efforts; 3. some others acts of adopted that Brothers and sisters not legitimately related, whether of the full or half-blood, are
definitely repudiates adoption.) 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
FC 193- to a cause imputable to the claimant's fault or negligence. (291a)
If adopted is minor after rescission, parental authority goes back to natural parents
if qualified, if not, court appoints a guardian. If adopted is incapacitated, court Kinds of support
determines guardian. Rescission terminates relations between the adopted and Conventional support – living under 1 house.
adopting parents, including use of adopters’ surname. Rescission is recorded in Judicial – if you don’t support, you will be compelled to.
registries. (amended by PD603 A42-no significant changes). Legal support – you are not required but the law says you can and you will be
reimbursed.
Lahom vs. Sibulo Support is
Adoption is a privilege given to Adopter. It is in the best interest of the child. 1. Intransmissible
Adopter cannot rescind adoption (RA 8552 Sec. 19). Even if the FC is applied 2. Exempt from attachment
prescription is only 5 years from adoption. However as provided in RA 8552 Sec. 19, 3. Reciprocal (Art 195)
the adopter can disinherit the adopted under CC A919. 4. Variable (dependent on circs and time)
Children shall always observe respect and reverence towards their parents The absolute community or the conjugal partnership shall be dissolved and
and are obliged to obey them as long as the children are under parental authority. liquidated but the offending spouse shall have no right to any share of the net
profits earned by the absolute community or the conjugal partnership, which
FC 212: shall be forfeited in accordance with the provisions of Article 43(2);
In case of absence or death of either parent, the parent present shall
continue exercising parental authority. The remarriage of the surviving parent shall Tonog V CA
not affect the parental authority over the children, unless the court appoints The welfare of the child is always the first consideration. The child should not be
another person to be the guardian of the person or property of the children. wrenched from his familiar surroundings, away from the people and places to
which she has attachments. The suitability of a parent is a question of fact.
FC 213:
In case of separation of the parents, parental authority shall be exercised Laxamana V Laxamana
by the parent designated by the Court. The Court shall take into account all relevant The children’s paramount interest demand that appropriate proceedings be
considerations, especially the choice of the child over seven years of age, unless the conducted to determine the fitness of the parents to obtain custody.
parent chosen is unfit.
Roehr V Rodriguez
No child under seven years of age shall be separated from the mother A hearing, finding/determining the fitness of the parent(s) to assume custody, is
unless the Court finds compelling reasons to order otherwise. necessary for the welfare of the child. A foreign divorce can be recognized but it’s
effects regarding custody of the children must be determined by the courts.
FC 49:
During the pendency of the action and in the absence of adequate provisions in a Briones V Miguel
written agreement between the spouses, the Court shall provide for the support of For the welfare of the child, it shall be observed that the mother has custody of the
the spouses and the custody and support of their common children. The Court shall said child. Only compelling reasons, like the unfitness of the mother, will it be
give paramount consideration to the moral and material welfare of said children otherwise.
and their choice of parent with whom they wish to remain as provided for in Title
IX. It shall also provide for appropriate visitation rights of the other parents. Gualberto V Gualberto
Only moral lapses that adversely affect the child & distract the parent from caring
FC 102: are compelling reasons to deprive the parent from custody. Lesbianism, prostitution
Upon dissolution of the absolute community regime, the following procedure shall or infidelity are not, even during the tender age of the said child.
apply:
Silva V CA
C2013 | PERSONS AND FAMILY RELATIONS FINALS REVIEWER | PROF. KATRINA LEGARDA | 73
No man bereft of all moral persuasions and goodness would ever take the trouble In no case shall the school administrator, teacher or individual engaged in
and expense in instituting a legal action for the purpose of seeing his illegitimate child care and exercising special parental authority, inflict corporal punishment
children. upon the child.
Sy V CA FC 218:
The law favors the mother, if she is a fit and moral person, to have custody as a The school, its administrators and teachers, or the individual, entity or
mother’s love and devotion has no substitute. institution engaged in child care shall have special parental authority and
responsibility over the minor child while under their supervision, instruction or
FC 214: custody.
In case of death, absence or unsuitability of the parents, substitute
parental authority shall be exercised by the surviving grandparent. In case several Authority and responsibililty shall apply to all authorized activities whether
survive, the one designated by the court, taking into account the same inside or outside the premises of the school, entity or institution.
consideration mentioned in the preceding article, shall exercise the authority.
FC 219:
FC 215: Those given the authority and responsibility under the preceding Article
No descendant shall be compelled, in a criminal case, to testify against his parents shall be principally and solidarily liable for damages caused by the acts or omissions
and grandparents, except when such testimony is indispensable in a crime, against of the unemancipated minor. The parents, judicial guardians or the persons
the descendant or by one parent against the other. exercising substitute parental authority over said minor shall be subsidiarily liable.
"The income of the working child and/or the property acquired through Badillo V Ferrer
the work of the child shall be administered by both parents. In the absence