Introduction+to+Law+ +Civil+Law+ +Family+Relations

Persons and Family Relations
PSC1207 – Introduction to Law: CIVIL LAW

2
 Marriage
 Annulment and Legal Separation
 Property Relations of Spouses
 Family Home
 Paternity and Filiation
 Adoption
Agenda  Support
 Parental Authority
PSC1207- Introduction to LAW: CIVIL LAW – FAMILY RELATIONS

MARRIAGE
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PSC1207- INTRODUCTION TO LAW: CIVIL LAW – FAMILY RELATIONS
Marriage
Marriage is a special contract of
permanent union between a man
and a woman entered into in
accordance with law for the
establishment of conjugal and
family life. It is the foundation of
the family and an inviolable
social institution whose nature,
consequences, and incidents
are governed by law and not
subject to stipulation, except that
marriage settlements may fix the
property relations during the
marriage within the limits
provided by this Code.
PSC1207- Introduction to LAW: CIVIL LAW – FAMILY RELATIONS 4
Marriage
Rights and Obligations of Spouses
(Arts. 68-73):
1. Spouses are obliged to live together,
observe mutual love, respect and fidelity,
and render mutual help and support;
2. Spouses shall fix the family domicile. In
case of disagreement, the court shall
decide;
3. The spouses are jointly responsible for
the support of the family. The expenses for
such support and other conjugal
obligations shall be paid from the
community property, and in the absence
thereof, from the income or fruits of their
separate properties. In case of
insufficiency or absence of said income or
fruits, such obligations shall be satisfied
from the separate properties.
Marriage
Rights and Obligations of Spouses
(Arts. 68-73):
4. The management of the household shall
be the right and duty of both spouses;
5. When one of the spouses neglects his or
her duties to the conjugal union or commits
acts, which tend to bring danger, dishonor
or injury to the other or to the family, the
aggrieved party may apply to the court for
relief.
6. Either spouse may exercise any
legitimate profession, occupation, business
or activity without the consent of the other.
The latter may object only on valid, serious
or moral grounds.

Marriage
Other Consequences of Marriage
1. A husband and wife can chastise or reprimand each
other but may not inflict force except when either catches
the other in the act of sexual intercourse with another
(Art. 247, RPC)
2. Marriage emancipates a person from parental
authority as to person.
3. A husband cannot be examined for or against his wife
without her consent; nor a wife for or against her husband
without his consent, except in a civil case by one against
the other, or in a criminal case for a crime committed by
and against the other. (Sec. 20 (b) Rule 130, ROC)
4. The husband or the wife during the marriage or
afterwards, cannot be examined without the consent of
the other as to any communication received in confidence
by one from the other during the marriage; (Sec. 21 (a)
Rule 130, ROC)
5. A Filipino woman who marries an alien acquires his
nationality if so provided by the husband’s laws.
(Commonwealth Act No. 63)
6. A foreign woman who marries a Filipino may become a
Filipino provided she herself maybe lawfully naturalized.
(Commonwealth Act No. 473)
Essential Requisites of Marriage
1. Legal Capacity of the contracting
parties who must be a male and a
female.
a) Must be male and a female; (Sex
requirement)
b) Must be 18 years old or above (Age
Requirement)
c) Not under impediment mentioned in
Articles 37 (Incestuous Marriage) and 38
(Void Marriages under Public Policy); (No
legal impediment)
2. Consent freely given in the presence of
Solemnizing officer

Age Requirement: Art. 14 further

requires obtaining a parental
consent if the party is below
twenty-one years old.
When is the age of marriage

reckoned? On the date of
marriage, not on the date of
application for marriage license.

Impediments which may affect legal capacity (Art.

37):
1. Between ascendants and descendants of any
degree, whether the relationship between the
parties be legitimate or illegitimate;
2. Between brothers and sisters, whether of the full
or half blood, and whether the relationship
between the parties be legitimate or
illegitimate;

Impediments which may affect legal capacity (Art. 38):
1. Between collateral blood relatives, whether legitimate or illegitimate,
up to the fourth civil degree;
2. Between step-parents and step-children;
3. Between parents-in-law and children-in-law;
4. Between the adopting parent and the adopted child;
5. Between the surviving spouse of the adopting parent and the adopted
child;
6. Between the surviving spouse of the adopted child and the adopter;
7. Between an adopted child and a legitimate child of the adopter;
8. Between adopted children of the same adopter; and
9. Between parties where one, with the intention to marry the other,
killed that other person’s spouse, or his or her own spouse.

Formal Requisites of Marriage
1.Authority of the solemnizing
Officer
2.Valid marriage license
3.A marriage ceremony which takes
place with the appearance of the
contracting parties before the
solemnizing officer and their
personal declaration that they take
each other as husband and wife in
the present of not less than two (2)
witnesses of legal age.

Authorized Solemnizing Officers
1. Incumbent members of the judiciary
within the court’s jurisdiction;
2. Priest, rabbi, imam or minister of any
church or religious sect duly authorized
by his church or religious sect;
3. Ship captain or airplane chief, in cases
of articulo mortis;
4. Military commanders of a unit, in cases
of articulo mortis;
5. Consul-general, consul or vice-consul,
in limited cases.
6. Mayors.
When Marriage License May be Dispensed With:
1. In case either or both of the contracting
parties are at the point of death;
2. If the residence of either party is so located
that there is no means of transportation to
enable such party to appear personally
before the local civil registrar;
3. Marriages among Muslims or among
members of the ethnic communities,
provided these are solemnized in
accordance with their customs, rites or
practices;
4. Ratification of marital cohabitation between
a man and a woman who have lived together
as husband and wife for at least five years
and without any legal impediment to marry
each other.
Marriage License
If the marriage is celebrated

without a valid marriage
license, marriage is VOID AB
INITIO
A marriage celebrated 120 days

after the issuance of the
marriage license is VOID AB
INITIO .

EFFECTS OF ABSENCE, DEFECT, OR IRREGULARITY OF THE
REQUISITES
Absence of Any of the Essential Defects in any Essential Irregularity in the Formal
or Formal Requisites Requisites Requisites
+ Shall render the marriage + Shall render the marriage + Shall not affect the validity of the marriage
VOID AB INITIO, except but the party or parties responsible for the
VOIDABLE
when either or both parties irregularity shall be civilly, criminally and
+ Examples: administratively liable.
believed in good faith that
the solemnizing officer has  Consent of a party is + Examples:
the legal authority to do so. vitiated  Lack of witnesses of legal age.
 Lack of Parental  Presence of only one witness
+ Examples:
Consent  Failure to comply with the procedural
 Lack of legal capacity
requirements in Article12
 Lack of consent  Non-compliance to Notice period
under Article 17
ANNULMENT AND LEGAL
SEPARATION
PSC1207- INTRODUCTION TO LAW: CIVIL LAW – FAMILY RELATIONS 17

DISTINCTION: VOID and VOIDABLE MARRIAGES
VOID VOIDABLE
1. No marriage legally exists from the beginning 1. Marriage is valid until annulled;
2. Marriage can never be ratified 2. Free cohabitation ratifies the marriage
3. No conjugal partnership created 3. Conjugal partnership is created, unless marriage
settlement was executed
4. The Validity of the marriage may be attacked
even after the death of one party 4. Validity of the marriage may not be attacked after
one party dies
5. The status of children: Illegitimate, except
Children conceived or born before the 5. The status of children born:
judgment of annulment or absolute nullity of 1. Those conceived before a decree of annulment are
marriage under Art. 36 has become final and legitimate children;
executory shall be considered legitimate and
children conceived or born of the subsequent 2. Those conceived after a decree of annulment are
illegitimate children.
marriage under Art. 53 shall likewise be
legitimated.

Marriages Void From the Beginning
1. Those contracted by any party below 18 years of
age, even with parental consent
2. Those solemnized by any person not legal
authorized to perform marriages unless such
marriages were contracted with either or both
parties believing in good faith that the solemnizing
office had the legal authority.
3. Those solemnized without a license,
4. Those bigamous or polygamous marriages not
falling under Art. 41
5. Those contracted though mistake of one contracting
party as to the identity of the other;
6. Those subsequent marriages void under Articles 53
7. Void because of psychological incapacity
8. Void because of incestuous relationship
9. Void for reasons of public policy.
Psychological Incapacity
A marriage contracted by any party who, at the time
of the celebration, was psychologically
incapacitated to comply with the essential marital
obligations of marriage.
Requisites:
1. Gravity – must be grave or serious that the party
would be incapable of carrying out the ordinary
duties required in a marriage.
2. Juridical Antecedence – must be rooted in the
history of the party antedating the marriage
although the manifestations may emerge only
after the marriage; and
3. Incurability – must be incurable or the cure
would be beyond the means of the party
involved. (Santos vs. CA, GR No. 112019, Jan. 4,
1995)

Voidable Marriages
Grounds for Annulment of Marriages:
1. Defects in Age Requirement – No parental
consent for below 21 years of age, unless
freely cohabited with the other and lived
together as husband and wife.
2. Unsound Mind – either party was of
unsound mind, unless such party after
coming to reason, freely cohabited with
the other as husband and wife.
3. Fraud – consent of either party was
obtained by fraud, unless such party
afterwards, with full knowledge of the
facts constituting the fraud, freely
cohabited with the other as husband and
wife

Voidable Marriages
4. Force, intimidation, and undue influence –
the consent of either party was obtained
by force, intimidation or undue influence,
unless the same having disappeared or
ceased, such party thereafter freely
cohabited with the other as a husband
and wife.
5. Impotence – that either party was
physically incapable of consummating the
marriage with the other, and such
incapacity continues and appears to be
incurable.
6. Sexually Transmissible disease – that
either party was afflicted with a sexually
transmissible disease found to be serious
and appears to be incurable.
Voidable Marriages
What Constitutes Fraud as Ground for
Annulment of Marriage?
1. Non-disclosure of a previous conviction
by final judgment of the other party of a
crime involving moral turpitude;
2. Concealment by the wife of the fact that at
the time of the marriage, she was
pregnant by a man other than her
husband.;
3. Concealment STD, regardless of its nature,
existing at the time of the marriage; or
4. Concealment of drug addiction, habitual
alcoholism, or homosexuality or
lesbianism at the time of the marriage.

Doctrine of Triennial Cohabitation –
The doctrine that presumes that the
husband is impotent should the wife
still remain a virgin after cohabitation
for 3 years. The husband has to
overcome the presumption.
(Tompkins vs. Tompkins, 92 NJ, Eq. 113: 111 Atl. 599)

Legal Separation
Commonly referred to as relative divorce, this refers
to the separation of husband and wife from bed and
board; This does not dissolve the marriage, and
parties are not entitled to remarry.
Effects:
1. Spouses are entitled to live separately from each
other, but the marriage bonds shall bot be
severed;
2. The Absolute community or the conjugal
partnership shall be dissolved and liquidated but
the offending spouse shall have no right to any
share of the net profits earned by the absolute
community or the conjugal partnership, which
shall be forfeited;
3. The custody of the minor children shall be
awarded to the innocent spouse;
4. The offending spouse shall be disqualified from
inheriting from the innocent spouse by intestate
succession;

Legal Separation
Grounds for filing Petition for Legal Separation:
1. Repeated Physical violence or grossly abusive
conduct directed against the petitioner, a
common child, or a child of the petitioner.
2. Physical violence or moral pressure to compel
the petitioner to change religious or political
affiliation;
3. Attempt of respondent to corrupt or induce the
petitioner , a common child, or a child of the
petitioner, to engage in prostitution, or
connivance in such corruption or inducement;
4. Final judgment sentencing the respondent to
imprisonment of more than 6 years, even if
pardoned;
5. Drug addiction, or habitual alcoholism of the
respondent;

Legal Separation
Grounds for filing Petition for Legal Separation:
6. Homosexuality or lesbianism of the
respondent;
7. Contracting by the respondent of a
subsequent bigamous marriage, whether in
the Philippines or abroad;
8. Sexual infidelity or perversion;
9. Attempt by the respondent against the life of
the petitioner; or
10.Abandonment of petitioner by respondent
without justifiable cause for more than one
year.

Legal Separation
Grounds for Denial of Petition for Legal
Separation:
1. Where the aggrieved party has condoned the
offense or act complained of;
2. Where the aggrieved party has consented to
the commission of the offense or act
complained of;
3. Where there is connivance between the
parties in the commission of the offense or act
constituting the ground for legal separation;
4. Where both parties have given ground for
legal separation;
5. Where there is collusion between the parties
to obtain decree of legal separation; or where
the action is barred by prescription

Legal Separation
• An action for Legal Separation shall be filed
within five (5) years from the time of the
occurrence of the cause.
• An action for legal separation shall in no case
be tried before six (6) months shall have
elapsed since the filing of the petition.
• In every case, no legal separation may be
decreed unless the court has taken steps
toward the reconciliation of the spouses and is
fully satisfied despite such efforts, that
reconciliation is highly improbable.
• No decree of legal separation shall be based
upon a stipulation of facts or a confession of
judgment. In any case, the court shall order the
prosecuting attorney or fiscal assigned to it to
take steps to prevent collusion between the
parties and to take care that the evidence is not
fabricated or suppressed.

Legal Separation
• Effects of Filing the Petition -
• The spouses shall be entitled to live separately
from each other;
• The court, un the absence of a written
agreement between the spouses, shall
designate either of them or a third person to
administer the absolute community or conjugal
partnership property. The administrator
appointed by the court shall have the same
powers and duties as those of a guardian under
the Rules of Court.
• Effects during Pendency:
• In the absence of a written agreement between
the spouses, the Court shall provide for the
support of the spouses and the custody and
support of their common children. The Court
shall give paramount consideration to the moral
and material welfare of the said children and
their choice of the parent with whom they wish
to remain. It shall also provide for appropriate
visitation rights of the other parent.

Legal Separation
• Effects off Decree of Legal Separation:
1. The spouses shall be entitled to live separately
from each other, but the marriage bonds shall
not be severed.
2. The absolute community or the conjugal
partnership shall be dissolved and liquidated
but the offending spouse shall have no right to
any share of the net profits earned by the
absolute community or the conjugal
partnership, which shall be forfeited in
accordance with the provisions of Art. 43(2).
3. The custody of the minor children shall be
awarded to the innocent spouse, subject to the
provisions of Article 213 of the Code.
4. The offended spouse shall be disqualified from
inheriting from the innocent spouse by intestate
succession. Moreover, the provision in favor of
the offending spouses made in the will of the
innocent spouse shall be revoked by operation
of law.
Effects of Reconciliation of the Spouses (Art. 65-66)
• Must be through a Joint Manifestation under oath
duly signed by them and shall be filed with the court
in same proceedings for legal separation.
• Consequences:
1. The legal separation proceedings, if still pending,
shall thereby be terminated at whatever stage;
2. The final decree of legal separation shall be set aside,
but the separation of property and any forfeiture of
the share of the guilty spouse already affected shall
subsist, unless the spouses agree to revive their
former property regime.

PROPERTY RELATIONS OF
SPOUSES
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PSC1207- INTRODUCTION TO LAW: CIVIL LAW – FAMILY RELATIONS
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PROPERTY RELATIONS OF
SPOUSES
 The future spouses may, in
the marriage settlements,
agree upon the following
property relations:
1. Regime of Absolute
Community
2.Conjugal Partnership of
Gains
3.Complete Separation of
Property; or
4.Any other regime.
PSC1207- Introduction to LAW: CIVIL LAW – FAMILY RELATIONS

Marriage Settlement
• An Ante-nuptial contract entered into by the
prospective spouses for the purpose of fixing
conditions with respect to their present and future
property, in contemplation of, and in consideration
of marriage.
• Parties:
1. Future spouses, even if they are minors.
2. Parent or guardian;
3. The family council if there is no guardian or parent.
• Marriage Settlement shall be in writing, signed by
the parties and executed before the celebration of
the Marriage.
• Should not prejudiced third persons unless the
same is registered in the local civil registry where
the marriage contract is recorded as well as in he
proper registries of property.
• The System of Absolute Community governs in
the absence of Marriage Settlement, or if the
Marriage Settlement is Void
PROPERTY RELATIONS OF SPOUSES
1. Absolute Community of Property (ACP)
1. The present and future property owned by the
spouses at the time of the celebration of
marriage or acquired thereafter.
2. Expenses are borne by the common property.
• Excluded from Absolute Community of Property:
1. Property acquired during the marriage by
gratuitous title by either spouse, and the fruits as
well as the income thereof, if any, unless it is
expressly provided by the donor, testator, or
grantor that they shall form part of the community
property;
2. Property for personal and exclusive use of either
spouse. However, jewelry shall form part of the
community of property; and
3. Property acquired before the marriage by either
spouse who has legitimate descendants by a former
marriage, and the fruits as well as the income, if any,
of such property.
2. Conjugal Partnership of Gains (CPG)
1. Present property continues to be owned by
the respective spouses;
2. Future property is separate if acquired
gratuitously, but common if acquired by
onerous title at the community’s expenses; and
3. Proceeds, Products, Fruits and earnings are
common.
•Exclusive Properties of each spouses under CPG :
1. That which is brought to the marriage as his or her
own;
2. That which each acquires during the marriage by
gratuitous title;
3. That which is acquired by right of redemption, by
barter, or by exchange with property belonging to
only one of the spouses;
4. That which is purchased with exclusive money of
the husband or of the wife. Property for personal
and exclusive use of either spouse.

3. Complete Separation of Property
(CSP)
1. Present and future property is owned by the
holder or acquirer;
2. Fruits are separately owned by the owner of
the producing property;
3. Family expenses are contributed by each
spouse according to stipulation or in
proportion to their respective income.
NOTE: in case of insufficient or default of income of
both spouses, family expenses shall be contributed
by the current market value of the separate
properties of the spouses corresponding to the
liability to creditors, for which the spouses are
solidary liable.

4. Dotal System
1. Property of the wife is managed by the
husband during the marriage
2. Fruits go to the husband
3. Expenses are borne by the husband
4. Upon cessation of common life, the property
is returned.
• PROPERTY REGIME GOVERNING A
MAN AND A WOMAN WHO LIVE
TOGETHER AS HUSABAND AND
WIFE WITOHUT BENEFIT OF
MARRIAGE
- CO-OWNERSHIP under Article 147.

FAMILY HOME

FAMILY HOME
• Family – the 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.
• Family Home – The dwelling house where a person and
his family reside, and the land on which it is situate. The
family home may be created judicially or
extrajudicially. If thus created, it is exempt from (1)
execution; (2) forced sale; (3) attachment.
• Advantages of Family Home – it is exempt from
execution, forced sale, or attachment. It is only liable
for:
1. Non –payment of taxes;
2. Debts incurred prior to the constitution of the family
home;
3. Debts secured by mortgage on the premises before or
after such constitution;
4. Debts due to laborers, mechanics, architects, builders,
materialmen and others who have rendered service or
furnished material for the construction of the building.

FAMILY HOME
• As a Rule, the HUSBAND shall fix the
residence of the family. However, the wife
may establish a separate residence, if:
1. The husband maltreats her or grossly
insults her;
2. The husband continuously refuses to
support her;
3. The husband is immoderate or
barbaric in his demands for sexual
intercourse;
4. The wife is virtually driven out of the
conjugal home by the husband; and
5. The husband continually indulges in
illicit relations with another woman.

FAMILY HOME
• The beneficiaries of a family home are:
1. The husband, and wife, or an
unmarried person who is the head of
the family; and
2. 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.
3. In-laws, provided the home is
constituted by the husband and wife.
(Patricio vs. Dario III, GR No. 170829,
November 20, 2006)

PATERNITY AND FILIATION

• The filiation of children may be :
a) By nature
b) By adoption
• NATURAL FILIATION – may be
legitimate or illegitimate, but children
conceived or born during the
marriage of parents are LEGITIMATE

• Presumption – Child shall be considered
legitimate although the mother may have
declared against its legitimacy or may have been
sentence as an adulteress.
• Legitimacy of a child may be impugned only on
the following grounds:
1. That it was physically impossible for the husband
to have sexual intercourse with his wife within the
first one hundred twenty (120) days of the three
hundred (300) days which immediately preceded
the birth of the child because of:
a) 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.

• Legitimacy of a child may be impugned only
on the following grounds:
2. 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
3. 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.
• If birth of Child was concealed from husband and/or
hers – the period to impugn the legitimacy of the child
shall be counted from the discovery or knowledge of
the birth of the child or of the fact of registration of
birth, whichever is earlier.

• The filiation of legitimate children is
established by any of if the following:
• The record of birth appearing in the civil
register or a final judgment; or
• An admission of legitimate filiation in
public document or private handwritten
instrument was made by the father, subject
to the right to institute an action before the
regular courts to prove non-filiation during
his lifetime.
• Legitimation takes place by a subsequent
valid marriage between parents and shall
retroact to the time of the child’s birth. The
annulment of a voidable marriage shall not
affect the legitimation.

ADOPTION

ADOPTION
• The Law on adoption is now found under
Republic Act No. 8552, otherwise known as
the “Domestic Adoption Act of 1998.
• Who may adopt:
1. 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,
emotionally and psychologically capable
of caring for children, at least 16 years
older than the adoptee, and who is in
position to support and care for the
children and adoptee in keeping with the
means of the family.

ADOPTION
• The Law on adoption is now found under
Republic Act No. 8552, otherwise known as the
“Domestic Adoption Act of 1998.
• Who may adopt:
2. Any alien possessing the same
qualifications as above stated so long as his
country has diplomatic relations with the
Republic of the Philippines and 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. Said alien should be certified by
his diplomatic office that he has the legal
capacity to adopt and the government
allows such adoptee to enter his country;
3. Guardian of the child, upon termination of
guardianship and after the satisfaction of
his/her financial accountabilities.
ADOPTION
• Who may be adopted:
1. Any person below 18 years of age who has
been administratively or judicially declared
available for adoption;
2. The legitimate son or daughter of one spouse
by the other spouses
3. An illegitimate son or daughter by a qualified
adopted to improve his/her status to that of
legitimacy;
4. A person of legal age, if prior to the adoption,
said person has been consistently considered
and treated by the adopted as his own child
since minority;
5. A child whose adoption has been previously
rescinded;
6. 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.
ADOPTION
• Republic Act No. 8043, 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 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

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 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.

SUPPORT
• The following are obliged to support each
other (Art. 195) :
1. the spouses;
2. Legitimate ascendants and descendants’
3. Parents and their legitimate children and the
legitimate and illegitimate children of the latter;
4. Parents and their illegitimate children and the
legitimate and illegitimate children of the latter;
and
5. Legitimate brothers and sisters, whether full or
half-blood.
• 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 negligence or fault (Art. 196)
SUPPORT
• 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 extrajudicial
demand (Art. 203)
• 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 a right to receive support.
• There are two (2) kinds of support:
1. Legal Support- one provided by law;
2. Judicial – one required by court.

PARENTAL AUTHORITY

PARENTAL AUTHORITY
• Parental authority and responsibility is
jointly exercised by the father and mother
over their children
• Necessarily includes the caring for and
rearing of children for civic consciousness
and efficiency and the development of
their moral, mental, and physical character,
and well-being. (Art. 209)
• Premised on the natural right and duty of
parents over the person and property of
their children and as a consequence
thereof, it may not be renounce or
transferred except in cases authorized by
law.

SUBSTITUE AND SPECIAL PARENTAL AUTHORITY
• In default of parents or a judicially
appointed guardian, the following person
shall exercise substitute parental authority
over the child in the order indicated:
1. The surviving grandparent;
2. The oldest brother or sister, over twenty-
one years of age, unless unfit or
disqualified; and
3. The child’s actual custodian, over twenty-
one years of age, unless unfit or
disqualified.

SUBSTITUE AND SPECIAL PARENTAL AUTHORITY
• LOCO PARENTIS –
• 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. Said
authority and responsibility shall apply to all
authorized activities whether inside or outside the
premises of the school, entity, or institution.
• Those given the authority and responsibility shall
be principally and solidarily liable for damages
cause 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.
• Such liability shall not apply if it is proved that they
exercise proper diligence required under the
particular circumstances. PSC1207- Introduction to LAW: CIVIL LAW – FAMILY RELATIONS 61
References:
Pages 55 -99 , Suarez, Rolando A (2013) Introduction to Law. Manila: Rex Book Store
Pages 157-18), Dascil, Rodelio T. (2020) Threshold to the Legal Profession: Introduction to Law. Manila: Rex Book Store
2/2/20XX PRESENTATION TITLE 62

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Persons and Family Relations

PSC1207 – Introduction to Law: CIVIL LAW

PSC1207- Introduction to LAW: CIVIL LAW – FAMILY RELATIONS

PSC1207- Introduction to LAW: CIVIL LAW – FAMILY RELATIONS 6

PSC1207- Introduction to LAW: CIVIL LAW – FAMILY RELATIONS 8

Age Requirement: Art. 14 further

When is the age of marriage

PSC1207- Introduction to LAW: CIVIL LAW – FAMILY RELATIONS 9

Impediments which may affect legal capacity (Art.

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If the marriage is celebrated

A marriage celebrated 120 days

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(Tompkins vs. Tompkins, 92 NJ, Eq. 113: 111 Atl. 599)

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• Comprises everything indispensable for

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