Civil Law Review I – Family Home, Paternity, and Filiation

Outline
Atty. Mercano

I. The Family

A. Basic Concepts
Arts. 149-150: treatment and definition of Family
Art. 151: procedural requirement for suits involving members of family

B. The Family Home

Arts. 152-153; constitution and definition
153, 154
156, 157 -159
Attributes: Art. 155.
Cases:
Ramos v. Pangilinan, G.R. No. 185920, 20 July 2010
Patricio v. Dario, G.R. No. 170829, 20 November 2006

II. Paternity and Filiation

A. Legitimate Children
1. Filiation of Children: See Art. 163
Differentiate Paternity from Filiation

2. Legitimate and Illegitimate Children: Art. 164 and 165

3. Grounds to Impugn the Legitimacy of a Child: Art. 166

Macadadang v. CA, 100 SCRA 73
Tijing v. CA, 354 SCRA 17
Jao v. CA,152 SCRA 359
Herrera v. Alba, 460 SCRA 197

4. Presumption of Legitimacy: Art. 167; see also Art. 168 and 169.
Liyao, Jr. v. Tanhoti-Liyao, 378 SCRA 563
Tan v. Trocio, A.C. No. 2115, 27 November 1990.

5. Periods governing actions to impugn legitimacy: Art. 170

6. Standing to impugn legitimacy: Art. 171
Labagala v. Santiago, 371 SCRA 360
Babiera v. Catotal, 333 SCRA 487

7. Proof of Filiation: Art 172

Ilano v. Court of Appeals, 230 SCRA 242; compare Ilano with Heirs of Cabais v. CA, 316 SCRA 338
and Macadadang v. CA.
Cabatania v. CA, 441 SCRA 96
8. Period governing suits for filiation: Art. 173
9. Rights of legitimate children: Art. 174

B. Illegitimate Children
See Art. 175
Rights of, Art. 176

C. Legitimated Children
See R.A. 9858
Requisites for child, parents, and marriage.
Arts. 180-182

D. Adopted Children
Domestic Adoption – See the Domestic Adoption Act of 1998; AM 2-06-2-SC; R.A. 11222
Definitions: adoption; simulated birth and its rectification; domestic adoption.
Who can adopt? What must they establish (qualifications)?
Who may be adopted?
Residency and Certification required for aliens; exceptions
Rule and exception for adoption by spouses
When a DSWD Certification is required
Consent required in adoption cases
The 16-year gap rule and exceptions
Jurisdiction over adoption cases

Intercountry Adoption: see R.A. No. 8043 and its Amended IRR
Definition; distinction from domestic adoption
Jurisdiction
Who can adopt? What must they establish (qualifications)? See 16-year gap rule and exceptions.
Who may be adopted?
Rule for adoption by spouses
When a DSWD Certification is required
Consent required in adoption cases

Effects of Adoption
Parental Authority
Status of Child
Surname

Rescission of Domestic Adoption (See Domestic Adoption Act/Rules/applicable Family Code

rules and concepts)
Grounds and standing for rescission
Prescription
Effects of Rescission

See Arts. 177-182; see R.A. 9858