PERSONS AND FAMILY RELATIONS – FINALS

BALTEZA NOTES

TITLE VIII. SUPPORT person dies then all support obligation

ARTICLE 194 – Support comprises everything
indispensable for sustenance, dwelling,
clothing, medical attendance, education and
transportation, in keeping with the financial
capacity of the family.
ceases.
ARTICLE 195 – Subject to the provisions of
the preceding articles, the following are
obliged to support each other to the whole
extent set forth in the preceding article:

The education of the person entitled to be a. The spouses

supported referred to in the preceding b. Legitimate ascendants and descendants
paragraph shall include his schooling or training c. Parents and their legitimate children,
for some profession, trade, or vocation, even and the legitimate and illegitimate
beyond the age of majority. Transportation children of the latter; and
shall include expenses in going to and from d. Parents and their illegitimate children
school, or to and from place of work. (209a) and the legitimate and illegitimate
children of the latter; and
I. Kinds of Support
e. Legitimate brothers or sisters whether
a. As to Amount
full or half-blood.
i. Natural (bare
necessities of life)
ii. Civil (in accordance with
I. Par. 1 – the spouses are obliged to
financial standing)
support each other.
b. As to Source of Obligation
i. Legal (from provision of The duty arises from the fact that the marriage
law) exists, this includes the duty to pay a doctor who
ii. Voluntary (from attended the wife’s pregnancy even though the
agreement or from doctor was called by the husband’s father
provision of a will (Pelayo v. Lauron.) The duty subsists even if the
c. Special Kind – alimony pedente spouse is gainfully employed so long as there is
lite (pending litigation) still financial need for support. (Canonizado v.
II. What support includes Alemda-Lopez). Future support between
a. Food or sustenance husband and wife cannot be the object of a
b. Dwelling compromise (Mendoza v. CA)
c. Clothing
d. Medical attendance If the marriage is denied by defendant there can
e. Education be no alimony pedente lite because here the
f. Transportation basis for the support is in issue (Yangco v. Rhode)
III. Effect of Reaching Age of Majority If the marriage has been annulled, then the
If a person is of age and no longer studies, he obligation to support ceases (Mendoza v.
is still entitled to support unless there are Parungao.)
reasons for the extinguishment of the right If the wife commits adultery, she loses the right
(Javier v. Lucero.) On the other hand if the to be supported. So, if the wife claims support
person has not yet finished his studies, he is and the husband sets up adultery as a defense
still entitled to support, generally. But if the he is allowed to introduce preliminary evidence
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as to why support should not be granted
(Mangoma v. Macadeg and Baustista.)
II. Legitimate Ascendants and
Descendants
If the relationship is in issue there should be no
support pedente lite until the relationship is
established (Francisco v. Zandueta)
Abandonment of the child by the parent is cause
enough for the former not to support the latter,
no matter how dire the situation of the latter is
(Castillo v. Castillo.)
If the child is the adulterous child of the wife, the
husband is not duty-bound to support the child,
and evidence of said adultery may be presented
as a defense for action to support the child. If the
husband is unable to prove the adultery, the
child is presumed to be his, and would therefore
be entitled to support (Sanchez v. Zulueta.)
If the child has property of his own, his father, as
guardian can charge expenses for the child’s
food, clothing, and education to the child’s
property because, while it is true that the father
has the duty to support the child, support does
not arise from mere relationship but from
imperative necessity. If the child has enough
property of his own, then the right to be
supported dos not exist (Jocson v. Empire
Insurance Co.)
The term ‘descendants’ in par. 2 should be
understood to refer only to ‘legitimate
descendants’ for had the intention of the law
been otherwise, it would have adopted the
language of Par. 3 and 4.
III. Artemio Ilano v. CA
In this case, the Court ruled that the illegitimate
daughter of a man has the right to demand
support. “The obligation to support shall be
demandable from the time the person who has
a right to recover the same needs it for
maintenance, but is shall not be paid except
from the date of judicial or extra-judicial
demand.
ARTICLE 196 – Brothers and sisters not
legitimately related, whether of the full or half-
blood, are likewise bound to support each other
to the full extent set forth in Art. 194 except
only when the need for the support of the
brother or sister, being of age, is due to a cause
imputable to the claimants, fault or negligence.
(291a)
I. Application of Article 196
The Articles applies when the brothers and
sisters are not legitimately related. If they are
legitimately related par. 5 of Article 195.
ARTICLE 197 – For the support of legitimate
ascendants; descendants, whether legitimate
or illegitimate; and brothers and sisters,
whether legitimately or illegitimately related,
only the separate property of the person
obliged to give support shall be answerable
provided that in case the obligor has no
separate property, the absolute community or
the conjugal partnership, if financially capable,
shall advance the support, which shall be
deducted from the share of the spouse obliged
upon the liquidation of the absolute community
or of the conjugal partnership.
I. Comment
In this Article only the separate property of the
supporter is answerable. If needed, the absolute
community, or the conjugal partnership will
advance the support, but subject to
reimbursement upon the liquidation of the
absolute community or of the conjugal
partnership.
ARTICLE 198 – During the proceedings for legal
separation or for annulment of marriage, and
for declaration of nullity of marriage, the
spouses and their children shall be supported
from the properties of the absolute community
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or the conjugal partnership. After the final
judgement granting the petition, the obligation
of mutual support between the spouses ceases.
However, in cases of legal separation the court
may order that the guilty spouse shall give
support to the innocent one, specifying the
terms of such order. (292a)
I. Support Pedente Lite
Spouses and their children shall be supported
from the properties of the absolute community
or of the conjugal partnership:
1. During proceedings for legal separation
2. Annulment of marriage
3. Declaration of nullity
The obligation of mutual support between the
spouses ceases after final judgment granting the
petition.
In case of legal separation of however, the court
may order that the guilty spouse shall give
support to the innocent one. But the terms of
such order must be specified.
ARTICLE 199 – Whenever two or more persons
are obliged to give support, the liability shall
devolve upon the following persons in the order
herein provided:
1. The spouse
2. The descendants in the nearest degree
3. The ascendants in the nearest degree;
and
4. The brothers and sisters.
I. Comment
In a situation where two persons are obliged to
give support the liability shall fall in the order of
the following:
1. The spouse
2. The descendants in the nearest degree
3. The ascendants in the nearest degree
4. The brothers and sisters.
ARTICLE 200 – When the obligation to give
support falls upon two or more persons, the
payment shall be divided between the them in
proportion to the resources of each.
However, in case of urgent need and by special
circumstances, the judge may order only one of
them to furnish the support provisionally,
without prejudice to his right to claim from the
other obligors the share due from them.
When two or more recipients at the same time
claim support from and the same person legally
obliged to give it, should the latter not have
sufficient means to satisfy all claims, the order
establishes in the preceding article shall be
followed, unless the concurrent obliges should
be the spouse and a child subject to parental
authority in which case the child shall be
preferred.
I. Comment
Whenever the obligation to support falls
upon two people, the payment of such support
is divided between them in proportion to their
income.
However., in case of urgent need or
special circumstances the judge may order only
one to provide support, provisionally. This is
without prejudice to his right, to claim from the
other obligors the share due them.
Under the last paragraph of Art. 200,
whenever two persons or more claim support
from one and the same person, should the latter
not have the means to provide it the order
followed in Art. 199 shall be followed, unless
concurrent obligees should be the spouse and
child then the latter shall be given preference.
ARTICLE 201 – The amount of support, in the
cases referred to in Articles 195 and 196, shall
be in proportion to the resources or means of
the giver and the necessities of the recipient.
I. Comment
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The amount of support is dependent on the
recipient’s needs.
ARTICLE 202 – Support in the cases referred to
in the preceding article shall be reduced or
increased proportionately, according to the
reduction or increase of the necessities of the
recipient and the resources or means of the
person obliged to furnish the same.
I. Proportionate Support
The amount of support being referred to may be
changed according to the reduction or increase
of the person needing support or according to
the resources or means of the person obliged to
give support. As such any judgment granting
support is never final, it is subject to modification
depending upon the needs of the one supported
or the means of the supporter.
ARTICLE 203 – The obligation to give support
shall be demandable from the time the person
who has a right to receive the same needs it for
maintenance, but it shall not be paid except
from the date of judicial or extra-judicial
demand.
Support pedente lite may claimed in
accordance with the Rules of Court.
Payment shall be made within the first
five days of each corresponding month, or
when the recipient dies, his heirs shall not be
obliged to return what he has received in
advance. (298a)
I. When the right to support begins
Such only accrues the moment one needs it.
Nonetheless, it shall only be paid from the date
of judicial or extra-judicial demand.
II. How support pedente lite may be
claimed.
This can be done in accordance with Secs. 1-6 of
the Rules of Court.
III. When payment for support must be
made.
In addition to the support payment that must be
made and with a fixed date, the last paragraph
of Art. 203 speaks of when payment is made in
advance but the recipient dies, “the heirs of the
recipient are not obliged to return what he has
received in advance.”
ARTICLE 204 – The person obliged to give
support shall have the option to fulfill the
obligation either by paying the allowance fixed,
or by receiving and maintaining in the family
dwelling the person who has right to receive
support. The latter alternative cannot be
availed of in case there is a moral or legal
obstacle thereto.
I. Option given to supporter
The person giving support has the option to:
a. Pay the allowance fixed or
b. To receive and maintain the recipient in
the family dwelling
II. Characteristics of the option
The option is not absolute, that is he cannot
choose to keep the recipient in his house if there
is a moral or legal obstacle.
Examples of obstacles:
a. The fact that the man is married
to a woman who is not the
mother of his illegitimate child,
said child, being the recipient
(Pascual v. Martinez.)
b. The fact that the husband
maltreated the wife, who was
then compelled to leave the
family dwelling (Goita v. Campos
Rueda.)
c. When a father offers to bring his
child to his own home as a result
of his being pressed for overdue
allowances, and it is shown that
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the father had previously
treated the child severely.
(Pascual v. Martinez) Here the
court said that the child would
not find the satisfaction,
enjoyment and affection which
is necessary for his unhampered
development and for the
assurance of his future.
III. Meaning of obstacle.
Obstacle herein referred to is not merely any
obstacle that would result in difficulty of life but
such that is has to be a legal or moral obstacle
such as, maltreatment of the wife by the
husband, one of the spouses having illicit
relationships apart from the other spouse,
gambling, drinking, and other vices of the
husband, and living with the in-laws in a way that
would make leading a normal life impossible.
However, mere disagreement with the in-laws
does not entitle one spouse to live separately
from the family dwelling if the same is with the
in-laws. In the absence of a moral or legal
obstacle, the person obliged to give support
should still have the option to either pay the
allowance or to have the person needing support
to live in the family dwelling of the person giving
support.
IV. When obligation to support ceases.
The obligation to give support ceases upon the
death of the obligor, even if he may be bound to
give it in compliance with a final judgement. The
obligation to support also ceases when:
a. Upon death of recipient
b. When the resources of the obligor are
such that he is unable to give support
without neglecting his own needs and
that of his family.
c. When the recipient has improved his
fortunes in such a way that he no longer
needs the allowance or subsistence
d. When the recipient has given grounds
for disinheritance
e. When the recipient is a sibling of the
obligor and the need for support is
caused by his or her lack of application
to work, so long as this cause exists.
ARTICLE 205 – The right to receive support
under this Title as well as any money or
property obtained as such support shall not be
levied upon on attachment or execution. (302a)
I. Characteristics of Right to Support
1. The right to receive legal support, as well
as any money or property obtained as
such support, cannot be levied upon on
attachment or execution, as this would
defeat the purpose which the law gives
to the recipient against want and misery
2. The right to support cannot be
renounced nor is it transferrable
3. Future support cannot be the subject of
compromise
4. Compensation may not even be set up
against a creditor who has a claim for
support due by gratuitous title.
ARTICLE 206 – When, without the knowledge of
the person obliged to give support, it is given by
a stranger, the latter shall have a right to claim
the same from the former, unless it appears
that he gave it without intention of being
reimbursed (2164a.)
I. General Rule
The general rule is that the stranger who
furnishes support without knowledge of the
person obliged to give support has the right to
claim the same from the latter. For the stranger
to have the right to recovery the following
requisites must be present:
1. The support of the dependent was given
by a stranger
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2. The support was given without
knowledge of the person obliged to give
support
3. The support must not have been given
without intention of being reimbursed.
II. Definition of the term ‘stranger’
The term stranger as defined in Art. 206 is one
who does not have any obligation to give support
to the dependent. The stranger must not be any
of the persons defined in Art. 195 and 196 of the
FC. Hence, if the person who gave support is one
of the persons enumerated as such, even though
he or she is lower in the order established, the
support is deemed to not have been given by a
stranger.
The obligation to reimburse under this Article is
one that arises from a quasi-contract. Hence, it is
necessary that the support must have been given
without “knowledge of the person obliged to
give support” since in quasi-contract, the judicial
relation is created out of certain lawful,
voluntary and unilateral act to the end that no
shall be unjustly enriched at the expense of
another.
It is required that the stranger has not given the
support out of piety and without intention of
being paid, if such then the stranger has no right
to recovery.
ARTICLE 207 – When the person obliged to
support another unjustly or refuses to give
support when urgently needed by the latter,
any third person may furnish support to the
needy individual with a right of reimbursement
from the person obliged to give support. The
Article shall apply particularly when the father
or mother of a child under the age of majority
unjustly refuses to support of fails to give
support to the child when urgently needed.
(2166a)
I. Payment by a third person under
Art. 207
The obligation to reimburse under this Article is
one that also rises from a quasi-contract. The
difference between Art. 207 and 206 is that in
207 the obligor refuses to or fails to give support.
The law creates a promise of reimbursement on
the part of the person obliged to give support,
despite the deliberate disregard of his legal and
moral duty.
ARTICLE 208 – In case of contractual support or
that given by will, the excess in amount beyond
that required for legal support shall be subject
to levy on attachment or execution.
Furthermore, contractual support shall be
subject to adjustment whenever modification is
necessary due to changes in circumstances
manifestly beyond the contemplation of the
parties.
I. Contractual support v. legal support
In legal support which is contemplated in Art.
195-196 the right to support arises from or is
based on the provisions of law. On the other
hand contractual support arises from the will
(given by will) of the obligor or form the
agreement of both parties (contracts.) In legal
support, the recipient and the giver must be
mutually obliged to give support under Arts. 195-
196 of the Family Code, where in contractual
support they need not be so.
II. Subject to Attachment or Execution
In contractual support or that given by will, the
excess in amount beyond that required for legal
support shall be subject to levy on attachment or
execution. Unlike legal support, contractual
support can be renounced or waived.
TITLE IX: PARENTAL AUTHORITY
CHAPTER 1: GENERAL PROVISIONS
ARTICLE 209 – Pursuant to the natural right and
duty of parents over the person and property of
their unemancipated children, parental
authority and responsibility shall include the
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caring for and rearing of such children for civic
consciousness and efficiency and the
development of their moral, mental, and
physical character and well-being.
I. Parental Authority, Defined
Parental authority or patria potestas is the mass
of rights and obligations which parents have in
relation to the person and property of their
children until they reach the age of majority or
emancipation.
II. Purpose of Parental Authority
For the purpose of not only the sound physical
development of the children but also the
cultivation of their intellectual perceptions, and
the nourishment of their appetitive and sensitive
faculties (Reyes v. Alvarez.)
III. Over Whom Exercised
General rule – over unemancipated children
Exception – in cases provided by law; e.g. the
consent of parents regarding marriage for
children under the age of 21.
Who are considered as emancipated children –
according to the Family Code, emancipation
takes places by the attainment of majority,
which is the age of 18.
IV. Consequence of Parental Authority
Because of parental authority, parent have the
following rights over the persons and property of
children
 The right to have them in their company
(custody)
 The right to be obeyed and respected
 The right to discipline children as needed
 The right to withhold or give consent in
certain matters
 The right to exercise legal guardianship over
the property of unemancipated children
 Limited right of usufruct over the child’s
property
Because of parental authority, parents have the
following duties:
 To support, instruct, and educate them by
right precept and good example, and to
provide for their upbringing in keeping with
their means
 To give love, affection, advice, counsel,
companionship, and understanding
 To provide them with moral and spiritual
guidance, inculcate in them honesty,
integrity, self-discipline, self-reliance,
industry, thrift, stimulate interest in civic
affairs, and inspire in them compliance with
the duties of citizenship
 To furnish them with good and wholesome
educational materials, supervise their
activities, recreation, and association with
others, protect them from bad company,
and from learning habits that would be
detrimental to their health, studies, and
morals
 Represent them in all matters affecting their
interests
 Perform other duties required by law as
parents or guardians
V. Parental Custody
Parental custody – the right of parents to
exercise parental authority over their children.
Parental custody is unquestionable and
incontestable by the State
In case of dispute by the parents the general rule
is that, the courts have the power to award the
care, custody, and control of a minor child to
either of the parents acknowledging him, and
specifically whom the child prefers to live with,
unless the parent has so chosen. Usually it is the
mother who is given custody.
ARTICLE 210 – Parental authority and
responsibility may not be renounced or
transferred except in the cases authorized by
law. (313a)
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I. Parental Authority, characteristics
a. A right
b. A duty
II. Consequences
a. Intransmissible because it is
purely personal
b. If the parent dies, the
administrator of the estate has
no parental authority over the
children
c. It cannot be waived, except in:
i. When there is
guardianship approved
by court
ii. When there is adoption
approved by court
iii. When there is
emancipation by
concession
iv. When there is surrender
of the child to an orphan
asylum
d. Just because a mother delivers a
child to his godfather, does not
mean that there is a waiver of
parental authority.
e. A letter stating that a child is
being entrusted to another by
the parent is not a waiver of
parental authority nor is it
allowed in the Family Code
f. While abandonment is void and
is not equivalent to a waiver,
one effect of such an action is to
deprive the abandoning parent
of the right to support in view of
this forgetfulness of natural,
moral, and legal obligations
(Castillo v. Castillo). Moreover,
abandonment can cause
deprivation of parental
authority.
ARTICLE 211 – The father and the mother shall
jointly exercise parental authority over the
persons of their common children. In case of
disagreement, the father’s decision shall prevail
unless there is a judicial order to the contrary.
Children shall always observe respect and
reverence toward their parents and are obliged
to obey them as long the children are under
parental authority. (17a, PD 603)
I. General Rule
a. Joint parental authority
II. exception
a. In case of disagreement, the
father shall prevail;
b. Unless there is a judicial order or
decree to the contrary
III. Obedience
Children are to always observe respect and
reverence toward their parents and should obey
them while they are under their parental
authority.
ARTICLE 211 – In case of absence or death of
either parent, the parent present shall continue
exercising parental authority. The remarriage of
the surviving parent shall not affect the
parental authority over their children, unless
the court appoints another person to be the
guardian of the person or property of the
children.
I. Comment
First sentence: in case of death or absence the
surviving parent shall continue parental
authority
Second sentence: in case of remarriage parental
authority shall not be affected.
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ARTICLE 213 – In case of separation of the
parents, parental authority shall be exercised
by the parent designated by the Court. The
Court shall take into account all relevant
considerations, especially the choice of the
child over seven years of age, unless the parent
chosen is unfit.
No child under seven years of shall be separated
from the mother, unless the court finds
compelling reasons to order otherwise.
I. Who shall exercise Parental
Authority in case of Separation?
Ans: the parent designated by the court.
II. Rule in legal separation
One of the effects of legal separation is that
custody of the minor children shall be awarded
to the innocent spouse according to par. 3 of Art.
63 in relation to Art. 213, it shall be the one
designated by the court.
III. Tender-Age Presumption
General rule: the mother is to be given custody
of children under the age of seven. This is known
as tender-age presumption.
Exception: as provided in the provision of Art.
213, for compelling reasons. Example: neglect
and abandonment, unemployment and
immorality, habitual drunkenness, drug
addiction, and maltreatment of child, insanity,
and being sick with a communicable disease.
IV. Children over 7 years of age
Art. 213, states that a child over sever years may
choose whom to reside with, but the court is not
bound by the preference of the child. The
preference of the child is only one factor in
awarding custody.
V. Rule in separation de facto
Since Art. 213 does not distinguish between
separation in fact, and legal separation, the same
rules under Art. 213 shall apply.
ARTICLE 214 – In case of death, absence, or
unsuitability of the parents, substitute parental
authority shall be exercised by the surviving
grandparent. In case several survive, the one
designated by the court, taking into account the
same consideration mentioned in the preceding
article, shall exercise the authority.
I. Comment
General rule: substitute parental authority shall
be exercised by the surviving grandparent in case
of absence, death or unsuitability of the parents.
Exception: considering the considerations in Art.
213, and in case of several grandparents the
court shall designate who, shall have parental
authority.
ARTICLE 215 – No descendant shall be
compelled, in a criminal case, to testify against
his parents and grandparents, except when
such testimony is indispensable in a crime
against the descendant or by one parent against
the other.
I. Comment
The descendant may not be compelled to testify
in a criminal case against his parents and
grandparents, but if he wishes to do so, he may.
CHAPTER 2: SUBSTITUTE AND SPECIAL
PARENTAL AUTHORITY
ARTICLE 216 – In default of parents or a
judicially appointed guardian, the following
persons shall exercise substitute parental
authority over the child in the order indicated:
1. The surviving grandparent as provided in
Art. 214.
2. The oldest brother or sister, over
twenty-one years of age, unless unfit or
disqualified.
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3. The child’s actual custodian, over the
age of twenty-one, unless unfit or
disqualified.
Whenever the appointment of a judicial
guardian over the property of the child
becomes necessary, the same order of
preference shall be observed.
I. Parental Preference Rule
Parents are always placed first in matters of
parental authority. Even against grandparents,
Art. 216 applies only when the parents are dead,
absent or unsuitable.
ARTICLE 217 – In case of foundlings,
abandoned, neglected or abused children and
other similarly situated, parental authority shall
be entrusted in summary judicial proceedings
to heads of children’s homes, orphanages and
similar institutions duly accredited by the
proper government agency.
I. Definition of Foundlings,
Abandoned, or Neglected Children
a. Foundlings – a deserted or
abandoned infant or child,
whose parents, guardians or
relatives are unknown.
b. Abandoned child – one who has
no proper parental care or
guardianship or whose parent(s)
has deserted him/her for a
period of at least 6mos and has
been judicially declared as such.
c. Neglected child – one whose
basic needs have been
unattended or inadequately
attended. Two kinds of neglect:
i. Physical neglect – when
a child is left without
provisions for his needs
and supervision
ii. Emotional neglect –
when children are
maltreated, exploited,
overworked, or in moral
danger.
II. Who may Exercise Substitute
Parental Authority?
Ans: in case of foundlings, abandoned, or
neglected children, the heads of proper
government agencies shall have substitute
parental authority, through a summary judicial
proceeding.
ARTICLE 218 – The school, its administrators
and teachers, or the individual, entity or
institution engaged in child care shall have
special parental authority and responsibility
over the minor child while under their
supervision, instruction or custody.
Authority and responsibility shall apply to all
authorized activities whether inside or outside
the premises of the school, entity or institution.
I. Concept of Special Parental
Authority
Special parental authority applies only to entities
or institutions that have supervision, instruction
or custody of children.
Special parental authority is limited, it applies
only when the child is under their supervision,
instruction or custody.
General rule: special authority limited to the
confines of the school, entity or institution
Exception: this extends outside the school, entity
or institution, under authorized activities by the
school, entity or institution.
II. Who May Exercise Special Parental
Authority
a. The school
b. School’s administrators or
teachers
c. The individual, entity or
institution engaged in child care
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ARTICLE 219 – Those given the authority and
responsibility under the preceding Article shall
be principally and solidarily liable for damages
caused by the acts or omissions of the
unemancipated minor. The parents, judicial
guardians or the persons exercising substitute
parental authority over said minor shall be
subsidiarily liable.
The respective liabilities of those referred to in
the preceding paragraph shall not apply if it is
proved that they exercised the proper diligence
required under the particular circumstances.
All other cases not covered by this and the
preceding articles shall be governed by the
provisions of the Civil Code on quasi-delicts.
I. Primary and Subsidiary Liability
Any liability incurred by a minor child shall be
borne, primarily, by those stated in Art. 218 i.e.
a. The school
b. School administrators and teachers
c. Individual, entity or institution engaged
in child care
Subsidiary liability shall be incurred by the
following in case of insolvency:
a. Parents
b. Judicial guardians
c. Persons with substitute parental
authority
II. Defense Against Liability
The liabilities herein referred to shall not apply
when it is proved that those primarily liable had
exercised proper diligence in the circumstances
CHAPTER 3: EFFECT OF PARENTAL AUTHORITY
UPON THE PERSONS OF THE CHILDREN
ARTICLE 220 – The parents and those exercising
parental authority shall have with respect to
their unemancipated children or ward the
following rights and duties
1. To keep them in their company, to
support, educate and instruct them by
right precept and good example, and to
provide for their upbringing in keeping
with their means;
2. To give them love and affection, advice
and counsel, companionship and
understanding;
3. To provide them with moral and
spiritual guidance, inculcate in them
honesty, integrity, self-discipline, self-
reliance, industry and thrift, stimulate
their interest in civic affairs, and inspire
in them compliance with the duties of
citizenship;
4. To enhance protect, preserve, and
maintain their physical and mental
health at all times;
5. To furnish them with good and
wholesome educational materials,
supervise their activities, recreation
and association with others, protect
them from bad company, and prevent
them from acquiring habits detrimental
to their health, studies, and morals;
6. To represent them in all matters
affecting their interests
7. To demand from them respect and
obedience
8. To impose discipline on them as may be
required under the circumstances; and
9. To perform such other duties as are
imposed by law upon parents and
guardians
ARTICLE 221 – Parents and other persons
exercising parental authority shall be civilly
liable for the injuries and damages caused by
the acts or omissions of their unemancipated
children living in their company and under their
parental authority subject to the appropriate
defenses provided by law.
I. Liability of Parents for Quasi-delicts
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Parents and those exercising parental authority
are civilly liable for acts or omissions committed
by children. The following conditions are
required for civil liability:
a. The minor is living in the company of his
parents
b. The minor is under their parental
authority
c. The parents failed to exercise all the
diligence of a good father of a family to
prevent damage.
ARTICLE 222 – The courts may appoint a
guardian of the child’s property, or a guardian
ad litem when the best interests of the child so
requires.
I. What is a guardian ad litem
a. a guardian appointed by the
court to prosecute or defend a
case for the minor child’s best
interest.
ARTICLE 223 – The parents or, in their absence
or incapacity, the individual, entity, or
institution exercising parental authority, may
petition the proper court of the place where the
child resides, for an order providing for
disciplinary measures over the child. The child
shall be entitled to the assistance of counsel,
either of his choice or appointed by the court,
and a summary hearing shall be conducted
wherein the petitioner and the child shall be
heard.
However, if in the same proceeding the court
finds the petitioner at fault, irrespective of the
merits of the petition, or when the
circumstances so warrant, the court may also
order the deprivation or suspension of parental
authority or adopt such other measures as it
may deem just and proper.
ARTICLE 224 – The measures referred to in the
preceding article may include the commitment
of the child for not more than thirty days in
entities or institutions engaged in child care in
children’s homes duly accredited by the proper
government agency.
The parent exercising parental authority shall
not interfere with the care of the child
whenever committed but shall provide for his
support. Upon proper petition or at its own
instance, the court may terminate the
commitment of the child whenever just and
proper.
CHAPTER 4: EFFECT OF PARENTAL AUTHORITY
UPON THE PROPERTY OF THE CHILDREN
ARTICLE 225 – The father and the mother shall
jointly exercise legal guardianship over the
property of the unemancipated common child
without the necessity of a court appointment.
In case of disagreement, the father’s decision
shall prevail, unless there is a judicial order to
the contrary.
Where the market value of the property or the
annual income of the child exceeds P50,000, the
parent concerned shall be required to furnish a
bond in such amount as the court may
determine, but not less than ten per centum
(10%) of the value of the property or annual
income, to guarantee the performance of the
obligations prescribed for general guardians.
A verified petition for approval of the bond shall
be filed in the proper court of the place where
the child resides, or, if the child resides in a
foreign country, in the proper court of the place
where the property or any part thereof is
situated.
The petition shall be docketed as a summary
special proceeding in which all incidents and
issues regarding the performance of the
obligations referred to in the second paragraph
of this Article shall be heard and resolved.
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The ordinary rules on guardianship shall be
merely suppletory except when the child is
under substitute parental authority, or the
guardian is a stranger, or a parent has
remarried, in which case the ordinary rules on
guardianship shall apply.
I. Legal guardianship by the father
General rule: mother and father have joint legal
guardianship over the property of an
unemancipated child.
Exception: in case of disagreement the father
shall prevail, unless there is a court order to the
contrary. If the father is absent or incapacitated
the mother shall be the legal guardian.
II. Bond Requirement
If the child’s property of annual income exceeds
P50,000, the parents shall pay a bond worth 10%
of the value of the property or the annual
income.
ARTICLE 226 – The property of the
unemancipated child earned or acquired with
his work or industry or by onerous or gratuitous
title shall belong to the child in ownership and
shall be devoted exclusively to the latter’s
support and education, unless the title or
transfer provides otherwise.
The right of the parents over the fruits and
income of the child’s property shall be limited
primarily to the child’s support and secondarily
to the collective daily needs of the family.
I. This Article refers to property
acquired by child through
a. His work or industry
b. By onerous or gratuitous title
II. The child is the naked-owner
III. Use of the fruits of property or
income
a. Primarily – for the support of the
child
b. Secondarily – for the collective
daily needs of the family
c. Unless provided otherwise in
the title or the transfer.
ARTICLE 227 – If the parents entrust the
management or administration of any of their
properties to an unemancipated child, the net
proceed of such property shall belong to the
owner. The child shall be given a reasonable
monthly allowance in an amount not less than
that which the owner would have paid if the
administrator were a stranger, unless the
owner grants the entire proceeds to the child.
In any case, the proceeds thus given in whole or
in part shall not be charged to the child’s
legitime.
I. The unemancipated minor is the
manager or administrator of any of
the parent’s properties
II. Ownership
a. Belongs to the parents
III. Mandatory compensation for the
child
a. Given by the parents a monthly
allowance not less than that
which might be given to a
stranger
b. The parents may decide to give
the entire proceeds to the child
IV. Not chargeable to the child’s
legitime whether in:
a. Whole or
b. In part
CHAPTER 5: SUSPENSION OR TERMINATION OF
PARENTAL AUTHORITY
ARTICLE 228 – Parental authority terminates
permanently:
1. Upon death of the parents
2. Upon death of the child
3. Upon emancipation of the child
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ARTICLE 229 – Unless subsequently revived by a parental

final judgement, parental authority also authority
terminates:

1. Upon adoption of the child ARTICLE 230 – Parental authority is suspended

2. Upon appointment of a general upon conviction of the parent or the person
guardian exercising the same of a crime which carries
3. Upon judicial declaration of with it the penalty of civil interdiction. The
abandonment of the child in a case filed authority is automatically reinstated upon
for the purpose service of the penalty of upon pardon or
4. Upon final judgement of a competent amnesty.
court divesting the party concerned of
I. Civil Interdiction
parental authority; or
5. Upon judicial declaration of absence or Civil interdiction is an accessory penalty to the
incapacity of the person exercising following principal penalties: death, reclusion
parental authority perpetua, reclusion temporal.

Table for Art. 228 and 229 Civil interdiction has the following effects:

Article Condition Type 1. Deprives of the right to parental

Death of authority
parents 2. Deprives guardianship over the person
Death of the or property of the ward
228 Permanent
child 3. Deprives of marital authority
Emancipation 4. Deprives of right to manage his
of child property; and
Adoption of 5. To dispose of such property by any act or
child
any conveyance inter vivos
Appointment
of a general ARTICLE 231 – The court in an action filed for
guardian the purpose or in a related case may also
Judicial suspend parental authority if the parent or the
declaration of person exercising the same:
abandonment
Final 1. Treats the child with excessive
Revivable by
judgement harshness or cruelty
229 a final
divesting a 2. Gives the child corrupting orders,
judgement
person of counsel, or example
parental 3. Compels the child to beg; or
authority 4. Subjects the child or allows him to be
Judicial subjected to acts of lasciviousness
declaration of
absence or The grounds enumerated above are deemed to
incapacity of include cases which have resulted from
the person culpable negligence of the parent or the person
having exercising parental authority.
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If the degree of seriousness so warrants, or the In no case shall the school, administrator,
welfare of the child so demands, the court shall teacher, or individual engaged in child care
deprive the guilty party of parental authority or exercising special parental authority inflict
adopt such other measures as may be proper corporal punishment upon the child.
under the circumstances.
I. Comment
The suspension or deprivation may be revoked,
Even thought the persons granted substitute
and the parental authority revived in a case
parental authority have the same authority as
filed for the purpose or in the same proceeding
the parents, in no case shall those with special
if the court finds that the cause therefor has
parental authority inflict corporal (physical)
ceased and will not be repeated.
punishment upon the child.
Table for Arts. 230 and 231

Article Reason Type

Civil Reinstated
230
interdiction after service
Treats child
harshly or
cruelly
Gives
Suspension
corrupting
may be
orders,
revoked and
231 counsel, or
parental
example
authority
Compels child
revived.
to beg
Subjects to
acts of
lasciviousness

ARTICLE 232 – If the person exercising parental

authority has subjected the child or allowed
him to be subjected to sexual abuse, such
person shall be permanently deprived by the
court of such authority.

I. Comment

The person subjecting the child to sexual abuse

shall deprived of parental authority,
PERMANENTLY.

ARTICLE 233 – The person exercising substitute

parental authority shall have the same
authority over the person of the child as the
parents.
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TITLE IX: SUMMARY JUDICIAL PROCEEDINGS IN
THE FAMILY LAW
CHAPTER 1: SCOPE OF APPLICATION
ARTICLE 238 – Until modified by the Supreme
Court, the procedural rules provided for in this
Title shall apply in all cases provided for in this
Code requiring summary court proceedings.
Such cases shall be decided in an expeditious
manner without regard to technical rules.
I. Comment
Summary court proceedings may be modified by
the SC. All cases provided for in this Code shall
be decided speedily without regard to
technicalities. Summary proceedings under this
Code are:
a. Cases of Separation De Facto in Art. 239
b. Those in under Art. 249
c. Those enumerated in Art. 253
CHAPTER 2: SEPARATION IN FACT
ARTICLE 239 – When a husband and wife are
separated in fact, or one has abandoned the
other and one them seeks judicial authorization
for a transaction where the consent of the other
spouse is required by law, but such consent is
withheld or cannot be obtained, a verified
petition may be filed in court alleging the
foregoing facts.
The petition shall attach the proposed deed, if
any, embodying the transaction, and, if none,
shall describe in detail the said transaction and
state the reason why the required consent
thereto cannot be secured. In any case, the final
deed duly executed by the parties shall be
submitted to and approved by the court.
ARTICLE 240 – Claims for damages by either
spouse, except costs of the proceedings, may be
litigated only in a separate action.
ARTICLE 241 – Jurisdiction over the petition
shall, upon proof of notice to the other spouse,
be exercised by the proper court authorized to
hear family cases, if on exists, or in the regional
trial court or its equivalent sitting in the place
where either of the spouses resides.
I. Comment
The proper court herein referred to is the RTC
where either spouse resides.
ARTICLE 242 – Upon filing of the petition, the
court shall notify the other spouse, whose
consent to the transaction is required, of said
petition, ordering said spouse to show cause
why petition should not be granted, on or
before the date set in said notice for the initial
conference. The notice shall be accompanied by
a copy of the petition and shall be served at the
last known address of the spouse concerned.
ARTICLE 243 – A preliminary conference shall be
conducted by the judge personally without the
parties being assisted by counsel. After the
initial conference, if the court deems it useful,
the parties may be assisted by counsel at the
succeeding conferences and hearings. (n)
ARTICLE 244 – In case of non-appearance of the
spouse whose consent is sought, the court shall
inquire into the reasons for his failure to
appear, and shall require such appearance, if
possible. (n)
ARTICLE 245 – If, despite all efforts, the
attendance of the non-consenting spouse is not
secured, the court may proceed ex parte and
render judgment as the facts and circumstances
may warrant. In any case, the judge shall
endeavor to protect the interests of the non-
appearing spouse. (n)
PERSONS AND FAMILY RELATIONS – FINALS
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ARTICLE 246 – If the petition is not resolved at court may proceed ex

the initial conference, said petition shall be parte to render
decided in a summary hearing on the basis of judgment, protecting
affidavits, documentary evidence or oral the interest of the
testimonies at the sound discretion of the absent spouse
court. If testimony is needed, the court shall 246 If the petition is not
specify the witnesses to be heard and the resolved in initial
conference the court
subject-matter of their testimonies, directing
shall render
the parties to present said witnesses. (n)
judgment based on
ARTICLE 247 – The judgment of the court shall affidavits,
be immediately final and executory. documentary
evidence, or oral
ARTICLE 248 – The petition for judicial authority testimonies.
to administer or encumber specific separate Regarding
property of the abandoning spouse and to use testimonies the court
the fruits or proceeds thereof for the support of shall specify the
the family shall be governed by these rules. witness to be heard
and the subject of the
I. Chart of Steps Taken in a Summary testimony
Judicial Proceeding for De Facto 247 Judgments in such
Separation summary
proceedings shall b
Article Steps final and executory
239 A verified petition but subject to an
shall be filed in court appeal by certiorari
alleging the facts 248 The same rules shall
240 Action for damages also govern petitions
must be filed in a for judicial authority
separate action to administer or
241 The proper court to encumber the
file the petition is the separate property of
RTC where either the abandoning
spouse resides spouse for purposes
242 A notification to the of family support.
other spouse must be
made
243 A preliminary CHAPTER 3: INCIDENTS INVOLVING PARENTAL
conference must be AUTHORITY
conducted by the
judge w/o counsel ARTICLE 249 – Petitions filed under Articles 223,
244 In case of non- 225, and 235 of this Code involving parental
appearance by the authority shall be verified.
spouse the court shall
ARTICLE 250 – Such petitions shall be verified
inquire for the
and filed in the proper court of the place where
reasons why
245 Despite all efforts to the child resides.
locate the spouse the
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ARTICLE 251 – Upon filing of the petition, the vested or acquired rights in accordance with the
court shall notify the parents, or, in their Civil Code or other laws.
absence or incapacity, the individuals, entities
I. Comment
or institutions exercising parental authority
over the child. The Family Code being substantive in nature and
in the process, creating new rights, is given
ARTICLE 252 – The Rules in Chapter 2 hereof
retroactive effect.
shall also govern summary proceedings under
this Chapter. Insofar as they are applicable. CIVIL CODE
I. Chart of Steps Taken in Incidents TITLE XIII: USE OF SURNAMES
Involving Parental Authority
ARTICLE 364 – Legitimate and legitimated
Article Steps children shall principally use the surname of the
249 A verified petition is father.
required
250 Verified petitions I. Application:
under Arts. 223, 225, a. Even if the spouses are divorced
and 235 shall be filed and the mother is now married
in the RTC of the to another man; Art. 364 still
place where the child applies.
resides b. An illegitimate child, who is later
251 Parents, or in their legitimated, may use the
absence, individuals
surname of the father, without a
exercising parental
judicial decree, according to Art.
authority over the
child shall be notified 364.
by the court ARTICLE 365 – An adopted child shall bear the
252 The judge personally surname of the adopter.
conducts the
proceedings in a I. Application
summary hearing, a. To avoid confusion as to who
the child may be adopted the child.
assisted by counsel.
The judge under, Art. ARTICLE 368 – Illegitimate children shall bear
243 may order parties the surname of the mother.
to be heard under
assistance of counsel. ARTICLE 369 – Children conceived before the
If w/o counsel the decree annulling a voidable marriage shall
judge assures that principally use the surname of the father.
the interest of the
ARTICLE 370 – A married woman may use:
child is a priority.
1. Her maiden first name and surname
and add her husband’s surname, or
TITLE XII: RETROACTIVITY OF THE FAMILY CODE 2. Her maiden first name and her
ARTICLE 256 – This Code shall have retroactive husband’s surname, or
effect insofar as it does not prejudice or impair
PERSONS AND FAMILY RELATIONS – FINALS
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3. Her husband’s full name, but prefixing a
word indicating that she is his wife,
such as “Mrs.”
I. Example of Surnames for married
women:
Joesafa Reyes married Renato Cruz:
a. Joesefa Reyes Cruz
b. Josefa Cruz
c. Mrs. Renato Cruz
She cannot use Mrs. Josefa Cruz for this would
be illegal and ungrammatical. The term Mrs. is an
abbreviation for the word “mistress” this would
mean she is the mistress of Josefa which is
wrong. She may still use “Mrs.” Josefa Cruz,
provided that the Mrs. is enclosed in
parenthesis, this denotes her marital status.
II. Exclusive use of surnames
a. The right of the wife to use the
husband’s surname is exclusive,
no other woman may
misrepresent herself as the wife
by using the husband’s
surname.
III. Married women have the option but
not duty to use the husband’s
surname.
IV. Instances where the surname of the
woman can revert back to maiden
name provided by R.A. Sec. 5(d)
a. Death of husband
b. Divorce
c. Annulment
d. Nullity of marriage
ARTICLE 371 – In case of annulment of marriage,
and the wife is the guilty party, she shall 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 employing her husband’s surname
unless:
1. The court decrees otherwise; or
2. She or her former husband is married
again to another person.
I. Effect if marriage is annulled
a. The law distinguishes from an
innocent or guilty wife.
Annulment dissolves the marital
bond.
ARTICLE 372 – When legal separation has been
granted, the wife shall continue using her name
and surname employed before the legal
separation.
I. Rule if Legal Separation Occurs
a. The law does not distinguish
whether the woman is guilty or
not, unlike in annulment
because in legal separation the
marriage still subsists.
ARTICLE 373 – A widow may use the deceased
husband’s surname as though he were still
living, in accordance with Article 370.
ARTICLE 374 – In case of identity of names and
surnames, the younger person shall be obliged
to use such additional name or surname as will
avoid confusion.
ARTICLE 375 – In case of identity of names and
surnames between ascendants and
descendants, the word “Junior” can be used
only by a son. Grandsons and other direct male
descendants shall either:
a. Add a middle name or the mother’s
surname, or
b. Add the Roman numerals II, III and so
on.
I. When “Junior” may be used.
a. Art. 375 restrict the use of
“Junior.”
ARTICLE 376 – No person can change his name
or surname without judicial authority.
I. No change of name or surname
without judicial authority.
PERSONS AND FAMILY RELATIONS – FINALS
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Change of name is governed by Rule 103 of the
Rules of Court. Sec. 1 states
“A person desiring to change his name shall
present his petition to the Court of First Instance
of the province in which he resides or in the City
of Manila, to the Juvenile and Domestic Relations
Court.”
Change of name can only be allowed for some
justifiable reasons which include but are not
limited to:
a. When the name is ridiculous, tainted
with dishonor, or is extremely difficult to
write or pronounce.
b. When the request for change is a
consequence of change of status, as in
legitimation
c. When the change is necessary to avoid
confusion
d. A sincere desire to adopt a Filipino name
to erase signs of a former nationality.
II. Baptism Not Required
a. A person may, on justifiable
reasons, change his name to one
with which he had not been
baptized.
III. Effect of Criminal Record
a. A person cannot change his
surname without judicial
approval to obliterate a criminal
record.
b. If there are prior criminal
convictions, it is the court’s duty
to consider carefully the
consequences of a change of
name.
IV. Effect of use of name since
childhood.
a. An individual is authorized to
use a name which he had been
known since childhood. Such
does not need judicial approval.
What the law prohibits are using
a name which is different from
the one christened with, or by
which he has been known since
childhood, or such substitute
name as may have been
authorized by a competent
court.
V. Use of an Alias
a. A person seeking to change his
name or use an alias must show
valid and justifiable reasons that
will satisfy the court in granting
the petition. A change of name
is a privilege and not a right.
VI. How to Register a Change of Name
a. If a change of name is granted,
the original entry must not be
canceled or erased, but the
proper marginal corrections or
annotations should be applied.
ARTICLE 377 – Usurpation of a name and
surname may be the subject of an action for
damages and other relief.
ARTICLE 378 – The unauthorized or unlawful
use of another person’s surname gives a right of
action to the latter.
ARTICLE 379 – The employment of pen names
or stage names is permitted, provided it is done
in good faith and there is no injury to third
persons. Pen names and stage names cannot be
usurped.
I. Use of Pen Names or Stage Names
a. One may use a pen name or
stage name even without
judicial approval, if it is done in
good faith, and the rights of
third persons are not
prejudiced.
b. These names cannot be usurped
– it means “should” not be
usurped otherwise liability for
damages may lie.
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ARTICLE 380 – Except as provided in the

preceding Article, no person shall use different
names and surnames.

I. Use of Different names and

surnames
a. Article 380 is the general rule
and the exception is Art. 379.
b. The use of name which one was
christened with is authorized by
law.
II. Nature of petitions for change of
name
a. Petitions for change of name are
proceedings in rem. It means,
strict compliance with the
requirements of publication is
essential, for it is through this
that the court gains jurisdiction.
If the petitioner’s name is
misspelled in the publication,
then the error is substantial as it
did not clearly identify the
petitioner.