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MODULE 6
FAMILY RELATIONS,
EMANCIPATION,
and USE OF SURNAMES
WEEK 5 – 29 August 2019

THE FAMILY

 Family defined. – The term “family” may

be defined as “the natural and social institution which,
founded on the conjugal union, binds together the
individuals who compose it for the common
accomplishment of the material and spiritual ends of life,
under the authority of the original ascendant who heads
it.
 The family is a basic social institution
which public policy cherishes and protects. No custom,
practice, or agreement which is destructive of the family
shall be recognized or given effect.

 Extent of “Family Relations”. – The

scope and coverage of the term “family relations” is
defined in Article 150 of the Family Code as follows:

“ARTICLE 150. – Family relations

include those:
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(1) Between husband and wife;

(2) Between parents and children;
(3) Among other ascendants and
descendants; and
(4) Among brothers and sisters,
whether of the full or half-blood.
(217a)
 Family solidarity. – Because of the very
important role that the family plays in nation building, it is
the policy of the state to strengthen family solidarity.

 “Earnest efforts toward compromise.” –

This policy of the state is exemplified and given flesh in
the provisions of Article 151 of the Family Code,
which requires that earnest efforts toward a compromise
be first exerted before action or suit between or among
members of the same family may be given due course.

 “Members of the same family.” – The

phrase “members of the same family” in Article 151 refer
to the persons named in Article 150 of the Family
Code above.

(a) A suit filed by the children against their father for

illegally withdrawing bank deposits in their name is
covered by the rule on prior earnest efforts toward a
compromise. (Jimenez vs. Jimenez, G.R. No. L-
26797, 27 May 1968,
(b) A sister-in-law is a stranger with respect to the
family of their spouses and, as such, the mandatory
requirement of “earnest effort toward a compromise” does
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not apply to them. (Martinez vs. Martinez, G.R.

No. 162084, 28 June 2005, 461 SCRA 562.)

 Effect of failure to comply with Article

151. – Considering that Article 151 starts with the
negative word “No,” the requirement is mandatory that
the complaint or petition, which must be verified, should
allege that earnest efforts toward a compromise have
been made but that the same failed. If it is shown that no
such efforts were in fact made, the case must be
dismissed. The attempt to compromise as well as its
failure or inability to succeed is, therefore, a condition
precedent to the filling of a suit between members of the
same family in court.

THE FAMILY HOME

 Family home defined. – The family home

is a sacred symbol of family love and is the repository of
cherished memories that last during one’s lifetime. It is
the dwelling house where the husband and wife, or an
unmarried head of a family, reside, including the land on
which it is situated. (Article 152, FC.)

 Ownership of land – It is required that the

family home be built on land forming part of the the
absolute community or the conjugal partnership, or the
exclusive properties of any one of the spouses, or an
unmarried head of the family. (Article 156, FC.)
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 How constituted. – The family home is

deemed constituted on a house and lot from the time it is
occupied as a family residence. (Article 152, FC.)
 From the time of its constitution, and so
long as any of its beneficiaries actually resides therein,
the family home continues to be such. (Article 153,
FC.)

 Beneficiaries of the family home. – The

beneficiaries of the family home are:
(a) The husband and wife, or an unmarried person
who is the head of a family; and

(b) Their parents, ascendants, descendants,

brothers and sisters, whether the relationship be
legitimate or illegitimate, who are living in the family home
and who depend upon the head of the family for legal
support. (Article 154, FC.)

 Advantages of a family home. – The family

home is exempt from execution, forced sale, or
attachment. It is liable only for:

(a) Non-payment of taxes;

(b) Debts incurred prior to the constitution of the
family home;
(c) Debts secured by mortgage on the premises
before or after such constitution; and
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(d) Debts due to laborers, mechanics, architects,

builders, materialmen and others who have
rendered service or furnished material for the
construction of the building. (Article 155,
FC.)

PATERNITY AND FILIATION

 Paternity and filiation distinguished. –

Paternity is the civil status of a father in relation to his
child. Filiation, on the other hand, is the civil status of a
child in relation to his or her parents. In other words,
paternity speaks of the father’s relation to his child, while
filiation refers to the child’s relation to his or her parents.

 Types of filiation. – The filiation of children

may be by nature, or by adoption. (Art. 163, FC.)

 Natural filiation, which is established by

blood relationship, can either be legitimate or illegitimate.
(Art. 163, FC.)

 Filiation may likewise be created by a

judgment of adoption. Through a judgment of adoption,
a legitimate filiation is created, by legal fiction between
parent or parents, and a child.

 Status of children; how determined. –

Under the Family Code, the legitimacy or illegitimacy of a
child attaches upon its conception. In other words, the
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law and only the law determines who the legitimate or

illegitimate children are. It cannot be made dependent on
the declaration of the attending physician or midwife, or
that of the mother of the newborn child.
 Status must be judicially determined.
– Paternity and filiation or the lack of the same is a
relationship that must be judicially established. Only the
court can determine its existence or absence. It cannot
be left to the will or agreement of the parties.

 Legitimate children. – Legitimate children

have been defined as those conceived or born during the
marriage of the parents. (Art. 164, par. 1, FC.)

 The child may be conceived before the

marriage of the parents but born after they marry each
other. It may be conceived after the celebration of the
marriage and born during its subsistence, which is the
usual case. Lastly, it may be conceived during the
marriage, but born after the termination of the marriage.
In all these instances the child is considered legitimate.

 Illustrative examples:
(a) Juan, a married man, has an affair with his
unmarried secretary. The secretary gets pregnant. The
wife of the married man dies of a heart attack when she
learns of the pregnancy. After the death of the wife, Juan
marries the secretary. After the subsequent marriage,
the child is born. Note here that the child was conceived
at the time the father is still married to another person.
However, this notwithstanding, the child will be presumed
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the legitimate child of Juan and the secretary having been

born during the subsequent marriage.
(b) Honey and Sweetie are married. Honey gets
pregnant after which Sweetie dies. To alleviate her
loneliness, Honey lives with Pong, who is separated from
his wife. During the cohabitation of Pong and Honey, a
child is born. The child will be considered the legitimate
child of Honey and Sweetie.

 Children conceived of artificial

insemination – Likewise considered legitimate are
children conceived of artificial insemination of the wife
with the sperm, either of the husband or donor, or both,
provided that both the husband and the wife authorized or
ratified such insemination in a written instrument
executed and signed by them before the birth of the child.
This instrument is required to be recorded in the local civil
registry together with the birth certificate of the child.
(Art. 164, par. 2, FC.)

 The law favors legitimacy over

illegitimacy. – There is perhaps no presumption of the
law more firmly established and founded on sounder
morality and more convincing reason than the
presumption that children born in wedlock are legitimate.
This presumption, however, may be availed of only upon
convincing proof of the factual basis therefor, i.e., that the
child’s parents are legally married, and that his or her
conception or birth occurs during the subsistence of that
marriage; otherwise, the presumption of law that a child is
legitimate does not arise. ( Read the case of
Concepcion vs. CA and Almonte, G.R. No.
123450, 31 August 2005, 468 SCRA 438.)
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 How to rebut presumption; grounds to

impugn legitimacy – The presumption of legitimacy of
the child, however, is not conclusive and, consequently,
may be overthrown by evidence to the contrary. The
grounds for impugning the legitimacy of a child conceived
or born during a valid marriage are enumerated in
Article 166 of the Family Code, to wit:

 That it was physically impossible for the husband to

have sexual intercourse with his wife within the first 120
days of the 300 days which immediately preceded the
birth of the child because of:

(a) the physical incapacity of the husband to have

sexual intercourse with his wife;
(b) the fact that the husband and wife were living
separately in such a way that sexual intercourse
was not possible; or
(c) serious illness of the husband, which absolutely
prevented sexual intercourse.

 That it is proved that for biological or other scientific

reasons, the child could not have been that of the
husband, except in the instance provided in the second
paragraph of Article 164; or

 That in case of children conceived through artificial

insemination, the written authorization or ratification of
either parent was obtained through mistake, fraud,
violence, intimidation, or undue influence.

 Proper party to impugn legitimacy – As

a rule, impugning the legitimacy of the child is a strictly
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personal right of the husband for the simple reason that

he is the one directly confronted with the scandal and
ridicule which the infidelity of the wife produces, and he
should be the one to decide whether to conceal that
infidelity or expose it in view of the moral and economic
interest involved. It is only in exceptional cases that his
heirs are allowed to contest such legitimacy. (Arts. 170
& 171, FC.)

 Mother not allowed to declare own child

illegitimate – The law provides the presumption that the
child shall be considered legitimate although the mother
may have declared against its legitimacy, or may have
been sentenced as an adulteress. (Art. 167, FC.)

 Illegitimate children – Generally,

illegitimate children are those conceived and born outside
a valid marriage. (Art. 165, FC.) The connective
“and” between the terms “conceived” and “born” gives
rise to the basic distinction between an illegitimate child,
on the one hand, and a legitimate child who is “conceived
or born” during the marriage of the parents, on the other
hand.

 Accepted proof of filiation. – The filiation

of legitimate and illegitimate children is established by
any of the following:
(a) The record of birth appearing in the civil register
or a final judgment; or
(b) An admission of legitimate filiation in a public
document or a private handwritten instrument and signed
by the parent concerned.
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 In the absence of the foregoing evidence,

legitimate or illegitimate filiation shall be proved by:
(a) The open and continuous possession of the
status of a legitimate child; or
(b) Any other means allowed by the Rules of Court
and special laws. (Arts. 172 &173, FC.)

 Legitimated children. –
 Concept of legitimation – Legitimation is
a right granted by law to a child conceived and born
outside of wedlock of parents who, at the time of the
conception of said child, were not disqualified by any
impediment to marry each other. The process of
legitimation takes place automatically by the subsequent
valid marriage of the parents and, as a result of which,
such illegitimate child becomes a legitimate child of the
spouses.
 If the only reason for the
disqualification of the parents to marry each other, at the
time their illegitimate child is conceived, is because either
or both of them are below 18 years of age, the child
begotten by them may nevertheless be legitimated.
(Arts. 177 & 178, FC.)

 Effects of legitimation; retroactive –

Prior to the marriage of the parents of the child, the
child’s status is that of an illegitimate child since he or she
was born outside of a valid marriage. Upon the marriage
of the child’s parents, the child is automatically raised to
the status of legitimacy, without need of any additional act
on the part of either the child or of the parents. A
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legitimated child is to be considered as a legitimate child

of the spouses from the time of the child’s birth, and not
only from the time of the marriage of the parents, since
the effects of legitimation retroacts to the time of the
child’s birth.

ADOPTION

 Adoption defined. – Adoption has been

defined as “a juridical act which creates between two (2)
persons a relationship similar to that which results from
legitimate paternity and filiation.” It is the process of
making a child, whether related or not to the adopter,
possess in general, the rights accorded to a legitimate
child.

 Adoption is a juridical act. – Adoption is

essentially a juridical act. As such, only an adoption
made through the court, or in pursuance with the
procedure laid down under the law is valid in this
jurisdiction. To establish the relation, the statutory
requirements must be strictly carried out; otherwise, the
adoption is an absolute nullity. Hence, in the following
cases, there cannot be a valid adoption of the child as to
grant it the rights accorded to a legitimate child of the
adopters:

(a) A written agreement for the adoption of the child

between the biological parents and the adoptive parents
cannot have the effect of adoption.
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(b) A child who is simply treated as a child of a

certain couple, although not related to them by blood,
does not enjoy the same rights accorded to legitimate
children, in the absence of a judicial decree of adoption.

(c) The mere registration of a child in his or her birth

certificate as the child of the supposed parents is not a
valid adoption and does not confer upon the child the
status of an adoptee and the legal rights of such child.

 Who may adopt. – Under Section 7 of

Republic Act No. 8552 (otherwise known as the
Domestic Adoption Act of 1998), the following may adopt:

(a) Any Filipino of legal age, in possession of full civil

capacity and legal rights, of good moral character, has
not been convicted of any crime involving moral turpitude,
emotional and psychologically capable of caring for
children, at least 16 years older than the adoptee, and
who is in a position to support and care for his children in
keeping with the means of the family;

(b) Any alien possessing the same qualifications as

above stated so long as his country has diplomatic
relations with the Republic of the Philippines, and he has
been living in the country for at least three (3) continuous
years prior to the filing of the application for adoption, and
shall maintain such residence until an adoption decree is
entered. Moreover, said alien should be certified by his
diplomatic office as having legal capacity to adopt, and
that his government allows such adoptee to enter his
country as his adopted child; or
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(c) The guardian of the child, upon termination of the

guardianship, and after satisfaction of his financial
accountabilities.

 Who may be adopted. – Under Section 8

of Republic Act No. 8552 (otherwise known as the
Domestic Adoption Act of 1998), the following may be
adopted:
(a) Any person below eighteen (18) years of age
who has been administratively or judicially declared
available for adoption;
(b) The legitimate son or daughter of one spouse, by
the other spouse;
(c) An illegitimate son or daughter, by a qualified
adopter, to improve his/her status to that of legitimacy;
(d) A person of legal age if, prior to the adoption,
said person has been consistently considered and treated
by the adopter as his own child since minority;
(e) A child whose adoption has been previously
rescinded;
(f) A child whose biological or adoptive parent has
died. It should be noted that no proceedings should be
initiated within six (6) months from the time of death of
said parent.

 RA 8043. – Republic Act No. 8043,

otherwise known as “The Inter-Country Adoption Act of
1995” provides for the process of adopting a Filipino child
by a foreigner or a Filipino citizen residing abroad. This is
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in accord with the policy of the State to provide every

neglected and abandoned child with a family that will
provide such child with love and care as well as
opportunities for growth and development.

SUPPORT

 Legal support defined. – Support

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

 Persons obliged. – The following are

obliged to support each other to the whole extent set forth
in the preceding article:

(a) The spouses;

(b) Legitimate ascendants and descendants;
(c) Parents and their legitimate children and the
legitimate and illegitimate children of the latter;
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(d) Parents and their illegitimate children and the

legitimate and illegitimate children of the latter; and
(e) Legitimate brothers and sisters, whether of the
full or half-blood. (Art. 195, FC.)

 Brothers and sisters not legitimately

related, whether of the full or half-blood, are likewise
bound to support each other, except only when the need
for support of the brother or sister, being of age, is due to
a cause imputable to the claimant’s fault or negligence.
(Art. 196, FC.)

 Order of liability for support. – Whenever

two or more persons are obliged to give support, the
liability shall devolve upon the following persons in the
order herein provided:

(a) The spouse;

(b) The descendants in the nearest degree;
(c) The ascendants in the nearest degree; and
(d) The brothers and sisters. (Art. 199, FC.)

 In demanding payment of the support, the

person in need cannot demand from all of them at the
same time. He has to observe the order provided in this
Article. Thus, where there is no showing that the father is
without means to support his son, the paternal
grandmother cannot be made to pay for legal support to
her grandson unless she is willing to provide for it.

 When demandable. – The obligation to give

support is demandable from the time the person who has
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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. (Art. 203, par. 1, FC.)

 Manner of payment. –
 Payment of legal support shall be made
within the first five days of each corresponding month.
(Art. 203, par. 3, FC.)

 The person obliged to give support shall

have the option to fulfill the obligation either: (1) by
paying the allowance fixed, or (2) by receiving and
maintaining in the family dwelling the person who has a
right to receive support. The latter alternative, however,
cannot be availed of in case there is a moral or legal
obstacle thereto. (Art. 204, FC.)

PARENTAL AUTHORITY

 Nature of parental authority. – Parental

authority and responsibility, jointly exercised by the father
and mother, necessarily includes the caring for and
rearing of their children for civic consciousness and
efficiency, and the development of their moral, mental
and physical character and well-being.
 This is premised on the natural right and
duty of parents over the person and property of their
children. As a consequence, parental authority may not
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be renounced or transferred except in the cases

authorized by law. (Arts. 209 & 210, FC.)

 Exercise of parental authority. – 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. (Art.
211, FC.)

 Duties of children to parents – Article

211 of the Family Code also commands the children
to observe respect and reverence towards their parents.
This, they will observe even beyond emancipation.
However, as long as they are under parental authority,
they have to obey their parents.

 Parental authority and the custody of

children. – Custody of the child is merely a
consequence of parental authority. Thus, the person
having parental authority is entitled to the custody of the
child.

 Generally, since parental authority

resides in both the father and mother jointly, they are
jointly entitled to the custody of their common children.
The father and mother, being the natural guardians of
unemancipated children, are duty-bound and entitled to
keep them in their custody and company.

 In case of separation of parents, parental

authority shall be exercised by the parent designated by
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the court. Such parent so designated obtains custody of

the children.

 In the case of an illegitimate child, the law

designates the mother as having sole parental authority
over the child; hence, the mother has sole right to
custody over the child.

 Substitute parental authority. – In default

of parents or a judicially appointed guardian, the following
persons shall exercise substitute parental authority over
the child in the order indicated:

(a) The surviving grandparent;

(b) The oldest brother or sister, over twenty-one
years of age, unless unfit or disqualified; and
(c)The child’s actual custodian, over twenty-one
years of age, unless unfit or disqualified. (Art. 216,
FC.)

 Parental preference rule – Substitute

parental authority may be exercised only in case of the
death, absence, or unsuitability of both parents. Parents
are thus first in rank in matters of parental authority. If
only one parent is dead, absent, or unsuitable, the other
parent exercises sole parental authority.

 Substitute parental authority over

illegitimate children – Since the father himself is not
entitled to exercise parental authority over an illegitimate
child, neither may the paternal grandparents be entitled to
exercise substitute parental authority. Hence, in the
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event that both the mother and the father of an

illegitimate child dies during the latter’s minority, and the
child is survived by his grandparents on both the maternal
and paternal sides, only the grandparents on the
maternal side shall be entitled to exercise substitute
parental authority, if suitable.

 Special parental authority or loco

parentis – The following persons or entities shall have
special parental authority and responsibility over minor
children under their “supervision, instruction or custody:”
(a) The school;
(b) The school’s administrators and teachers; or
(c) The individual, entity or institution engaged in
child care.
 Note that their authority and responsibility
shall apply to all “authorized activities” whether inside or
outside the premises of the school, entity or institution.
(Art. 219, FC.)

 Solidary liability – The liability of those

exercising special parental authority and their
administrators and the teachers involved are primary and
solidary.

 Parents’ liability – The liability of the

parents and the guardians and those exercising
substitute parental authority is subsidiary, i.e., they are
liable to pay the amount of damages only upon the
insolvency of those who are primarily liable.
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EMANCIPATION AND AGE OF

MAJORITY

 Emancipation takes place by the attainment

of majority. Unless otherwise provided, majority
commences at the age of eighteen years. (Art. 234,
NCC, as amended by R.A. 6809)

FUNERAL ARRANGEMENTS

 The right and duty to make funeral

arrangements is given to those who during the lifetime of
the deceased are obliged to give him support in
accordance with the order established for support under
Article 199 of the Family Code, to wit:

(a) The spouse;

(b) The descendant in the nearest degree;
(c) The ascendant in the nearest degree; and
(d) The brothers and sisters.

 In case of descendants of the same

degree, or of brothers and sisters, the oldest shall be
preferred. In case of ascendants, the paternal shall have
a better right. (Art. 305, NCC.)
 The term “spouse,” although not being
preceded by any qualification, refers to the legal husband
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or wife as common law marriages are not recognized in

this jurisdiction.

USE OF SURNAMES

 Legitimate and legitimated children shall

principally use the surname of the father.

 An adopted child shall bear the surname of

the adopter.

 Illegitimate children are required to use the

surname of their mother, except that in the case of
voluntary recognition by the putative father, they may use
the latter’s surname. (Art. 176 of the Family Code,
as amended by Republic Act No. 9255.)
 A married woman may use:
(a) Her maiden first name and surname and add her
husband’s surname, or
(b) Her maiden first name and her husband’s
surname, or
(c) Her husband’s full name, but prefixing a word
indicating that she is his wife, such as “Mrs.”

* * * END * * *
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HAPPY READING &

LEARNING! 

SOURCES of NOTES:

The discussions outlined in this

module have been collectively lifted
from the cases cited and
commentaries made by the authors
in the references cited below:

1. Virgilio P. Alconera. Law, Persons and Family

Relations (Quezon City: Central Book Supply, Inc.,
2010).
2. Rodelio T. Dascil. Threshold to the Legal
Profession: An Introduction to Law (Manila: Rex Book
Store, 2013).
3. Virgilio B. Gesmundo. Jurisprudence and
Comments on Persons and Family Relations (Manila:
Rex Book Store, 2014).
4. Elmer T. Rabuya. The Law on Persons and
Family Relations (Manila: Rex Book Store, Inc., 2016).
5. Rolando A. Suarez. Introduction to Law (Manila:
Rex Book Store, Inc., 2017).

We all have dreams.

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But in order to make dreams come into reality,

it takes an awful lot of determination,
dedication, self-discipline, and effort.
Jesse Owens