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Rabuya Family Relations Reviewer PDF
Rabuya Family Relations Reviewer PDF
ART. 5 - ART. 6 • The issuance by the Civil Registrar General of the authorization is
• For a marriage to exist, it is essential that contracting parties must purely a ministerial duty
appear personally before the solemnizing officer and that their
consent to the contract of marriage be given in the latter’s presence • Pursuant to Art. 33, marriages among Muslims or members of the
ethnic cultural communities may be solemnized without need of
securing a marriage license
• If the marriage is between a Filipino and an alien, it appears that • It is a condition sine qua non that the divorce must have been
consular officials are not clothed with authority to solemnize such obtained by the alien spouse and NOT by the Filipino spouse
marriage
- They have no authority to solemnize marriages outside of the • RP v. ORBECIDO III
country where they hold office - Art. 26, par. 2 should be interpreted to apply cases involving
parties who at the time of the celebration of marriage were
Filipino citizens, but later on, one of them becomes naturalized
ART. 11 - ART. 21 as a foreign citizen and obtains a divorce decree
• Application for issuance of license must be filed in the local civil - The Filipino spouse should also be allowed to remarry as if the
registrar of the city or municipality where either contracting party other party were a foreigner at the time of the solemnization of
habitually resides marriage
- Although a license obtained elsewhere shall not affect the **Reckoning point is not the citizenship of the parties at the
validity of the marriage time of the celebration of the marriage, but their citizenship
at the time a valid divorce was obtained abroad by the alien
• Documents accompanying the Application spouse
1. Birth or Baptismal Certificate
2. Death Certificate of Spouse, Divorce Decree, etc.
• Nature of Cohabitation
Chapter 2 - The requirement of absence of legal impediment should apply
MARRIAGES EXEMPTED FROM THE LICENSE during the entire 5-year cohabitation
REQUIREMENT - NIÑAL v. BAYADOG
• Cohabitation must be in the nature of a perfect union
that is valid under the law but rendered imperfect only
ART. 27 - ART. 30 by the absence of the marriage contract and
• Marriages EXEMPT from the license requirement characterized by EXCLUSIVITY — meaning no third
1. In cases where either or both of the contracting parties are at party was involved at anytime within the 5 years and
the point of death CONTINUITY — that is unbroken
2. If the residence of either party is so located that there is no • If that continuous 5-year cohabitation is computed
means of transportation to enable such party to appear without any distinction as to whether the parties were
personally before the local civil registrar capacitated to marry each other during the entire 5
3. Marriages among Muslims or among members of ethnic years, then the law would be sanctioning immorality
cultural communities provided the same are solemnized and encouraging the parties to have common law
according to their customs, rites or practices relationships and placing them on the same footing with
4. Marriages of a man and a woman who have lived together as those who lived faithfully with their spouse
husband and wife for at least five years and without any - The 5-year common-law cohabitation period, which is counted
legal impediment to marry each other back from the date of celebration of marriage, should be a
period of legal union had it not been for the absence of marriage
• The absence of the affidavit of the solemnizing officer in cases of
marriages performed in articulo mortis will not affect the validity of
the marriage
Chapter 3
VOID AND VOIDABLE MARRIAGES
ART. 31 - ART. 32
• Authority of the ship captain or airplane chief to solemnize
marriages is subject to the following conditions and/or requisites VOID MARRIAGE VOIDABLE MARRIAGE
1. Must be in articulo mortis
2. Must be between passenger or crew members Deemed never to have taken Considered valid and produces
- Authority may be exercised not only while the ship is at sea or place at all and cannot be the all its civil effects, until it is set
the plane is in flight but also during stopovers at the ports of call source of rights aside by final judgment
- Airplane pilot refers to an “airplane chief” who is the head of
Can NEVER be ratified and is Can be generally ratified or
the crew, in the same way that the same authority is granted
not subject to prescription confirmed by free cohabitation
only to the ship captain
or prescription
• Military commander of a unit has the authority to solemnize Can be attacked collaterally Can be assailed only in a direct
marriage if the following conditions and/or requisites are present proceeding for that purpose and
1. Must be a commissioned officer, or an officer in the armed not collaterally
forces holding rank by virtue of a commission from the
President Can be question even after the Can be assailed only during the
2. The assigned chaplain to his unit must be absent death of either party lifetime of the parties
3. Must be in articulo mortis
4. Must be solemnized within the zone of military operations
- Contracting parties may either be members of the armed forces • Only parties to a voidable marriage can assail it but any proper
or civilians interested party may attack a void marriage
• Characteristics of Psychological Incapacity • In proving PI, there is no distinction between an alien spouse and a
- SANTOS v. CA Filipino spouse to that of Filipino spouses
1. Gravity
• AM No. 02-11-10-SC • Without a judicial declaration of its nullity, the first marriage is
- Provides that a petition for declaration of absolute nullity of a presumed to be subsisting
void marriage may be filed solely by the husband or wife and, if
filed, the case shall be closed and terminated upon the death of
either parties at any stage of the proceeding prior to entry of ART. 41 - ART. 42
judgment, it now appears that a direct proceeding for the • GR: Any marriage contracted by any person during the subsistence
purpose of obtaining a judicial declaration of nullity of a void of a previous marriage be null and void and may be found guilty of
marriage may no longer be filed after the death of either party to bigamy
such void marriage
• The prohibition of hearing during the cooling off period is not an • Of the mutual obligations between the spouses, it is only the
absolute bar to the hearing of a motion for preliminary injunction obligation of MUTUAL SUPPORT between the spouses which can
- The requirement of 6 month cooling off period shall not apply be enforced through legal action
in cases of LS where violence is alleged
ART. 69
ART. 60 • In the event that one spouse refuses to live with the other in the
• The prohibition is predicated on the fact that the institutions of family dwelling, as fixed either by the spouses or by the court, the
marriage and family are sacred and therefore are as much the court is powerless to enforce the provisions of Art. 69, even if such
concern of the State as the spouses refusal is not justifiable
• The spouse who refuses to live with the other without just cause is
ART. 61 - ART. 62 not entitled to a separate maintenance or support
• During the pendency of the action for LS, the court, motu propio or
upon application under oath of any of the parties, guardian or
designated custodian, may issue provisional orders and protection ART. 70 - ART. 71
orders with or without hearing • For an article to constitute a family expense, it is essential that it be
not only purchased for, but also that it be used, or kept for use, in or
by the family, or be benefited thereto
ART. 63 - ART. 64 - An expense for the family is one which is incurred for an item
• The wife, even after the legal separation has been decreed, shall which contributes to the family’s welfare generally and tends to
continue using her name and surname employed before the legal maintain its integrity
separation
- Her married status is unaffected by the separation, there being
no severance of the vinculum ART. 72
• Relief available to spouses
a) When spouse leave the conjugal dwelling
ART. 65 - ART. 67 - Art. 198
• If, after the issuance of the decree of LS, the parties simply - If one spouse had left without the intention of returning,
reconcile and resume their marital relations previous to the decree the aggrieved spouse may petition the court for
but without obtaining a decree of reconciliation from the same court receivership, for judicial separation of property or for
which issued the decree of LS, their de facto reconciliation does not authority to be sole administrator
have the effect of setting aside the decree of LS b) When spouse commits acts of sexual infidelity
- When a philandering husband squanders the properties of
• The FC speaks only of “revival” of the former property regime of the CP or AC to satisfy his vices, the aggrieved spouse
the spouses in case of reconciliation and not an adoption of an may petition the court for injunction to stop his further
altogether different property regime disposition of property aside from seeking sole
- At any rate, they mare not adopt either ACP or CPG as their administration of the property
new property regime since these property regimes can only c) When spouse sells the conjugal or community property
commence at the precise moment that the marriage is celebrated without the other’s consent
and any stipulation, express or implied, for the commencement - Aggrieved spouse may seek an injunction to stop further
of these regimes at any other time shall be void disposition of property without the other’s consent
d) When husband commits violation of VAWC
- Wife may obtain “protection orders” either from the
TITLE III barangay or from the courts
• The courts cannot force one of the spouses to cohabit with the other,
the law, however, provides for other remedies and sanctions
ART. 76 - ART. 79
• MARRIAGE SETTLEMENT or ante nuptial contract is a contract • The rule that the non-happening of marriage shall render any
which is entered into before, but in contemplation and in stipulation in the MS void does not apply to any provision therein
consideration of marriage, whereby the property relations of the that does not depend upon the celebration of marriage for its validity
spouses during marriage are fixed and determined
ART. 86 • There is only one instance when waiver during the marriage may be
• If marriage is not celebrated, the DPN is not rendered ineffective or considered valid, and that is, it the waiver is made in case of judicial
void, except a donation made in the MS itself separation of property
• DPNs in MS are void if marriage does not take place • Valid waiver may take place after the marriage has been dissolved or
annulled
• If marriage is judicially declared void ab initio — DPN remains
valid but such fact gives rise to a ground for the revocation of said
donation Section 2. — What Constitutes Community Property
ART. 102
• NET ASSETS is what remains of the community property after
payment of all the charges and obligations for which the community
is liable
• Property acquired by either spouse during the marriage is to be • Presumption does not operate when there is no showing as to when
considered as an exclusive property if acquired through gratuitous the property alleged to be conjugal was acquired
title - Proof of acquisition of property during the marriage is a
- but, unlike ACP, the fruits and income of the separate properties condition sine qua non for the operation of presumption in favor
of the spouses are part of the CP of CP
- When property is registered in the name of only one spouse and
• Property acquired by either spouse through the exercise of right of there is no showing as to when the property was acquired by the
redemption is an exclusive property of the redemptioner-spouse, same spouse, this is an indication that it is exclusive property of
regardless of the source of the money used to redeem said property said spouse
- Even if source of money used in redemption is CP, the property
so redeemed shall still be considered as exclusive property of the • In ACP, presumption in favor of community property exists
owner of the right to redemption, subject to reimbursement by regardless of w/n property is shown to be acquired during the
redemptioner-spouse marriage or prior thereto
• Reimbursement may be made even prior to liquidation of property • The right of H/W to one-half of the conjugal assets does not vets
until the dissolution and liquidation of CP, or after dissolution of
marriage, when it is finally determined that, after settlement of
Section 4. — Charges Upon and Obligations of the Conjugal conjugal obligations, there are net assets left which can be divided
Partnership between the spouses or their respective heirs
- Any disposition of the spouse’s respective shares or interest in
ART. 121 - ART. 123 the CP shall be void since no one can give what he has not
• For solidary liability of either spouse to attach, it is incumbent upon - However, the spouses are not prohibited from disposing by will
the creditor to prove that the assets of the partnership are not of his or her interest in the CP
sufficient to pay for its obligations
• An obligation entered into by H and W is chargeable against their CP Section 6. — Dissolution of Conjugal Partnership Regime
and it is the partnership which is primarily bound for its repayment
- When spouses are sued for enforcement of an obligation entered ART. 126 - ART. 128
into by them, they are being impleaded in their capacity as • Same as ACP
representatives of the conjugal partnership and not as
independent debtors
Section 7. — Liquidation of the Conjugal Partnership Assets and
• If the debt is contracted by administrator-spouse or by one spouse Liabilities
without the consent of the other or if prior debt is contracted prior to
marriage, the conjugal partnership shall be liable only if it can be ART. 129 - ART. 133
proven that the debt redounded to the benefit of the CP or the family • Similar to ACP
- If the husband himself is the principal obligor in the contract,
that contract falls within the term “… obligations for the benefit
of the conjugal partnership”
• Here, no actual benefit may be proved
• It is enough that the benefit to the family is apparent at
the time of the signing of the contract
• When the husband contracts obligations on behalf of the
family business, the law presumes that such obligation
will redound to the benefit of the CP
- If the money or services are given to another person or entity,
and the husband acted only as a surety or guarantor, that contract
cannot alone be categorized as falling within the context of
“obligations for the benefit of the conjugal partnership”
ART. 134
• Separation of property, when it may take place ART. 141
1. When future spouses have agreed in the MS that their • Procedure for revival of previous property regime in case of judicial
property relations during marriage shall be governed by separation of property is the same as that provided under Art. 67
regime of SP
2. When previous marriage had been terminated by death of one
of the spouses and the surviving spouse contracts a ART. 142
subsequent marriage without subjecting AC or CP in the • Administration of exclusive property of either spouse may be
previous marriage to liquidation within a period of one year transferred to the other spouse either by agreement or by order of the
from death of the spouse court
3. Upon finality of a decree of legal separation, the AC or CP - FC allows such transfer by means of public instrument, which
shall be dissolved and liquidated and, thereafter, the spouses shall be recorded in the registry of property of the place where
shall be governed by a regime of complete separation of the property is situated
property
4. When court approves the joint petition of the spouses for the • If transfer is by virtue of court order, the same can only be based on
voluntary dissolution of the AC or CP the grounds provided for in Art. 142
5. When the court decrees legal separation of property of
spouses following the petition of one of the spouses for such • The alienation of exclusive property of a spouse administered by the
separation under the ground enumerated in Art. 135 other results in the automatic termination of the administration over
such property and the proceeds of the alienation shall be turned over
• Mere separation de facto does not affect the AC or CP to the owner-spouse
ART. 135
• SP may be resorted to by the spouses during marriage in two ways: Chapter 6
1. By filing a petition for legal separation; or Regime of Separation of Property
2. By filing a petition for separation of property, either
voluntarily or for a sufficient cause ART. 143 - ART. 146
ART. 136
• Spouses may agree to voluntarily dissolve the AC or CP, but it will
not produce any effect if the same is not approved by the courts
ART. 148
• Art. 148 applies
1. Bigamous marriages
2. Adulterous relationships
3. Relationships in a state of concubinage
4. Relationships where both man and woman are married to
other persons
5. Multiple alliances of the same married man
6. Common-law spouses who suffer from a legal impediment to
marry or when they do not live exclusively with each other as
H/W
7. Void marriages by reason of public policy
8. Incestuous marriages
• It appears that the intent of the law is to exempt the family home
from execution, forced sale or attachment only to the extent of the
value provided for in Art. 157
• Children conceived or born in a voidable marriage are likewise • Art. 167 covers a situation where the wife denies the husband’s
considered legitimate since a voidable marriage is valid until paternity of a child conceived or born during their marriage
annulled - It does not contemplated a situation where a child is alleged not
- Art. 54 FC to be the child of nature or biological child of a certain couple
• The following children of void marriages are also considered • Grounds to Impugn Child’s Legitimacy
LEGITIMATE 1. Physical impossibility to have sexual intercourse
1. Children of marriages which are declared void under Art. 36 - In order to overthrow the presumption of legitimacy, it
(psychological incapacity) must be shown beyond reasonable doubt that there was no
2. Children of marriages which are declared void under Art. 53 access as could have enabled the husband to be the father
of the child
• If the parents of children born outside of wedlock were, at the time • Where sexual intercourse is presumed or proved,
of the child’s conception and birth, not legally barred from marrying the husband must be taken to be the father of the
each other and subsequently do so, the child’s filiation improves as child
he becomes legitimized
- Art. 177 FC A. Physical Incapacity
• IMPOTENCE which imports a total want of power
• Child conceived as a result of AI is considered legitimate child of of copulation and, as a necessary incident thereto,
both husband and wife, even if the donor of the sperm used in the the inability to procreate
insemination is not the husband’s • While sterility itself is not a sufficient ground to
- So long as the requirements of Art. 164 are met, the law deems overthrow the presumption of legitimacy, the
the child to be filiated, by nature, to the H/W sterile husband may still successfully impugn the
- If the H/W indeed authorized or ratified the insemination using child’s legitimacy by resorting to biological or
the sperm other than that of the husband, the husband may not other scientific reasons
impugn the child’s legitimacy by claiming that he could not have
been the father due to biological or other scientific reasons B. Living Separately
• Separation between the spouses must be such as to
• The law does not recognize as valid the use of a surrogate mother, make sexual access impossible
even if the sperm is that of the husband • They reside in different countries or provinces, and
- Contrary to law, morals and public policy they have never been together during the period of
conception
• The husband may be in prison during the period of
ART. 166 - ART. 167 conception, unless it appears that sexual union took
• The presumption is grounded in policy to protect innocent offspring place through corrupt violation of or allowed by
from the odium of illegitimacy prison regulations
• The presumption of legitimacy of the child is not conclusive and C. Serious Illness of Husband
may be overthrown by evidence to the contrary • Illness of the husband must be of such a nature
as to exclude the possibility of his having sexual
• GR: Impugning the legitimacy of the child is a strictly personal right intercourse with his wife
of the HUSBAND for the simple reason that he is the one directly • Illness which produced temporary or permanent
confronted with the scandal and ridicule which the infidelity of the impotence
wife produces
- EXCPN: ART. 171; the HEIRS may be allowed to impugn the 2. Biological or other scientific reasons
child’s legitimacy in the following instances: - In issues relating to paternity and filiation, our courts are
1. If the husband should die before the expiration of the mandated to apply the results of science in proper cases,
period fixed for bringing his action since it is one of the remedies made available to a
2. If the husband should die after filing the complaint husband in impugning the legitimacy of a child
without having desisted therefrom - Blood grouping tests are conclusive on non-paternity,
3. If the child was born after the death of the husband although inconclusive on paternity
- Outside of these cases, none — even the husband’s heirs — can - DNA analysis that excludes putative father from paternity
impugn legitimacy should be conclusive proof of non-paternity
ART. 172 - ART. 174 • Family portrait offered in evidence is not sufficient proof of filiation
ART. 175 - ART. 176 • If the action to establish illegitimate filiation is based on the
• Paternity or filiation, or the lack of it, is a relationship that must be following: (1) record of birth appearing in civil register or final
judicially established and it is for the court to declare its existence or judgment; or (2) admission of paternity in a public document or a
absence private handwritten instrument and signed by the parent concerned
- It cannot be left to the will or agreement of the parties — the same may be brought BY THE CHILD AT ANY TIME
DURING HIS/HER LIFETIME
• No compromise upon the civil status of persons shall be valid
• If action is based on (1) open and continuous possession of status of
• A birth certificate, being a public document, offers prima facie illegitimate child; or (2) any other means allowed by ROC and
evidence of filiation and high degree of proof is needed to overthrow special laws — the same must be brought DURING THE
the presumption of truth contained in such public document LIFETIME OF THE ALLEGED PARENT
- For a birth certificate to be considered competent evidence of
paternity, it is necessary that the putative father must have a • Illegitimate children shall principally use the surname of their
participation in its preparation mother
- A certificate of live birth purportedly identifying the putative - They may be allowed to use the surname of their father only in
father is not competent evidence as to the issue of paternity, the following instances:
Chapter 4
Legitimated Children
• If, at the time of the child’s conception, the parents are disqualified
by any impediment to marry each other, the child is not legitimated
by the subsequent marriage of the parents
- The remedy available to raise the child into the status of
legitimacy is that of adoption
• What if the child is conceived and born inside a void marriage but
the parents are not disqualified by any impediment to marry each
other, i.e., in a marriage void by reason of absence of marriage
license, may the child be legitimated by the subsequent re-marriage
of the parents, now with a valid marriage license?
- Yes. What is essential is that the child must be conceived at the
time the parents are not disqualified by any impediment to marry
each other
• What if the impediment did not exist at the time of the conception
but present when the child was born, can he be legitimated? i.e., at
the time of conception, the parents were not married but not
suffering from any impediment to marry; but prior to child’s birth,
his father marries another; marriage is later on terminated and his
father subsequently marries his mother, may the child be
legitimated?
- Yes
• Legitimation does not require any additional act on the part of either
of the child or parents except that of the valid marriage of the child’s
parents
- Child is automatically raised to the status of legitimacy which
retroacts to the time of the child’s birth
• Requirements on residency and certification of alien’s qualification • Written consent of the natural parent to the adoption, while
to adopt may be waived for the following: indispensable to the validity of the decree of adoption may be
1. Former Filipino citizen who seeks to adopt a relative within dispensed with if the parent has abandoned the child or that such
the 4th degree of consanguinity or affinity parent is insane or hopelessly intemperate
2. One who seeks to adopt the legitimate son/daughter of his/her
Filipino spouse • Family Court has exclusive jurisdiction to hear and decide petitions
3. One who is married to a Filipino citizen and seeks to adopt for adoption of children and its revocation
jointly with his/her spouse a relative within the 4th degree of - Venue shall be in the province or city where the prospective
consanguinity or affinity of the Filipino spouse parents reside
• Adoption is a proceeding in rem • If incapacitated, adoptee must file the petition for rescission or
revocation of adoption within 5 years after he reaches the age of
• FOUNDLING refers to a deserted or abandoned infant or child majority
whose parents, guardian or relatives are unknown; or a child
committed to an orphanage or charitable or similar institution with • If he incompetent at the time of adoption, file the petition within 5
unknown facts of birth and parentage and registered in the Civil years after recovery from such incompetency
Register as a foundling
• Effects of Rescission
• ABANDONED CHILD refers to one who has no proper parental 1. Parental authority of the adoptee’s biological parent/s, if
care or guardianship or whose parents have deserted him for a period known, of the legal custody of the Department, shall be
of at least 6 continuous month and has been judicially declared as resorted if the adoptee is still a minor or incapacitated
such 2. Reciprocal rights and obligations of the adopter/s and adoptee
to each other shall be extinguished
• DEPENDENT CHILD refers to one who is without a parent, 3. Court shall order the Civil Registrar to cancel the amended
guardian or custodian or one whose parents, guardian or other certificate of birth of the adoptee and restore his/her original
custodian for good cause desires to be relieved of his care and birth certificate
custody and is dependent upon the public for support 4. Succession rights shall revert to its status prior to adoption,
but only as of the date of judgment of judicial rescission;
• NEGLECTED CHILD is one whose basic needs have been however, vested rights acquired prior to judicial rescission
deliberately not attended to or inadequately attended to, physically shall be respected
or emotionally, by his parents or guardian
• All legal ties between the biological parent/s and the adoptee shall II.
be severed and same shall be vested upon the adopter/s, except in INTER-COUNTRY ADOPTION
cases where the biological parent is the spouse of the adopter
• Policy of the state is to encourage domestic adoption so as to
• The adopted is deemed to be a legitimate child of the adopter for all preserve the Filipino child’s identity and culture in his/her native
intents and purposes but the relationship established is limited to the land, and only when this is not available shall ICA be considered as
adopting parents and does not extend to their other relatives, except a last resort
as expressly provided by law
• Who may Adopt
• Adopted child has the right to use the surname of the adopter/s - Any foreign national of Filipino citizen permanently residing
- However, the provision of law which entitles the adopted minor abroad who has the qualifications and none of the
to the use of the surname of the adopter refers to the adopter’s disqualifications under ICA may file an application if he/she
own surname and not to the surname acquired by virtue of 1. Is at least 27 years of age;
marriage 2. Is at least 16 years older than the child to be adopted at
- There is no law prohibiting an illegitimate child adopted by her the time of the filing of application unless the applicant
natural father to use, as middle name, her mother’s surname is the parent by nature of the child to be adopted or is the
spouse of such parent by nature;
• The adopted and his/her biological parents are not legally bound to 3. Has the capacity to act and assume all the rights and
support each other because of the severance of legal ties between responsibilities incident to parental authority under his/
them her national law;
4. Has undergone appropriate counseling from an
• The adopter and the adoptee are legal heirs of each other, in the same accredited counselor in his/her country;
way and in the same manner that a legitimate child and his/her 5. Has not been convicted of a crime involving moral
legitimate parents are heirs of each other turpitude;
- DAA amended Art. 190 FC 6. Is eligible to adopt under his/her national law;
- Under DAA, the adopted and his/her parents by nature may only 7. Can provide the proper care and support and give the
succeed from each other by way of testamentary succession necessary moral values and example to the child and in
• The intention of the law is to extinguish the reciprocal the proper case, to all his/her other children;
rights of succession that exist between the adopted and 8. Comes from a country:
his/her parents by nature, including the right to the a. with whom PH has diplomatic relations;
legitimate and rights arising from legal or intestate b. whose government maintains a foreign adoption
succession agency; and
c. whose laws allow adoption; and
• DAA withdrew the right of an adopter to rescind the adoption decree 9. Files jointly with his/her spouse, if any, who shall have
and gave to the adopted child the sole right to severe the legal ties the same qualifications and non of the disqualifications
created by adoption to adopt as prescribed above
- However, the adopter/s may disinherit the adoptee for causes
provided in Art. 919 of the NCC • Who may be Adopted
- Only a legally free child may be the subject of ICA who is below
• Grounds for Rescission 15 years of age
1. Repeated physical and verbal maltreatment by the adopter/s
despite having undergone counseling;
2. Attempt on the life of the adoptee;
3. Sexual assault or violence; or
4. Abandonment and failure to comply with parental obligations
• With respect to brothers and sisters “not legitimately related,” the • Obligation to reimburse is one that arises from quasi-contract
right and obligation to support each other ceases “when the need for - It is necessary that support must have been given without the
support of the brother or sister, being of age, is due to a cause knowledge of the person obliged to give support
imputable to the claimant’s fault or negligence
ART. 207
ART. 197 • Payment by Third Person
• Support of spouses, their common children and legitimate children
of either spouse is chargeable to the AC of CP • The law creates a promise of reimbursement on the part of the
- If insufficient, the spouses shall be solidarily liable with their person obliged to furnish support, inspite of the deliberate disregard
separate properties of his legal and moral duty
• Par. 3, Art. 63 which states that “the custody of the minor children Chapter 2
shall be awarded to the innocent spouse” is subject to the provisions Substitute and Special Parental Authority
of Art. 213
- As much as possible, FC prohibits the separation of a child ART. 216
below 7 years of age from the mother even if the latter is the • See Santos, Sr. v CA, 242 SCRA 407 (1995)
guilty spouse in a legal separation case
- The mere fact that the mother is the guilty spouse in legal • Parental preference rule may not be invoked by the father of an
separation does not necessarily mean that she is not fit to be a illegitimate child in case of death, absence or unsuitability of the
parent mother since under Art. 176, an illegitimate child is not under
parental authority of the father
• TENDER-AGE PRESUMPTION - In the event that both mother and father of an illegitimate child
- GR: A mother is to be preferred in awarding custody of children die during the latter’s minority and the child is survived by his
under the age of 7 grandparents on both maternal and paternal sides, only the
- EXCPN: When the court finds cause to order otherwise; grandparents on the maternal side shall be entitled to exercise
compelling reasons substitute parental authority, if suitable
ART. 217 • Art. 221 FC is intended to govern the matter of parental liability for
• PA shall be entrusted in summary judicial proceedings to heads of quasi-delicts committed by children below 18; whereas, Art. 2180
children’s homes, orphanages and similar institutions duly accredited NCC governs liability of parents for quasi-delicts committed by their
by the proper government agency children who are 18 but under 21 years of age
- Under Art 2180, enforcement of liability shall be effected
against the father and, in case of his death or incapacity, the
ART. 218 - ART. 219 mother
• SPECIAL PA is granted by law to certain persons, entities or - In Art. 221, there is no such alternative
institutions in view of their special relation to children under their
supervision, instruction or custody • Whether the liability of the parents arises from quasi-delict or
- Extended by law to all authorized activities whether the same is criminal offenses committed by their minor children under their
undertaken inside or outside of the premises of the school, entity legal authority or control, or who live in their company, the nature of
or institution such liability is primary and not subsidiary
- Co-exists with parents’ PA - Parents are subsidiarily liable only if, at the time of the
commission of quasi-delict, the minor children are under special
PA
Chapter 3
Effect of Parental Authority upon Persons of the Children
ART. 223 - ART. 224
ART. 220 - ART. 222 • Aside from personally disciplining the child, the parents or persons
• In case of legitimate children, the father and mother, being the exercising PA may also petition the court for the imposition of
natural guardians, are duty-bound and entitled to keep them in their appropriate disciplinary measures
custody and company
TITLE XI
Chapter 1
Prefatory Provisions
ART. 238
Chapter 2
Separation in Fact
Chapter 3
Incidents Involving Parental Authority
Chapter 4
Other Matters Subject to Summary Proceedings
ART. 253
TITLE XII
FINAL PROVISIONS