SYSTEM OF ABSOLUTE COMMUNITY (AC) Steps in Liquidation of AC: (IP-DDP)

 The property regime of the spouses in the 1. Inventory

absence of a marriage settlement or when the
marriage is void. This is so because it is more in a. Inventory of Community Property
keeping with Filipino culture.
b. Inventory of separate property of the wife
GENERAL RULE: Community property shall consist of all
property owned by the spouses at the time of the c. Inventory of separate property of the
marriage or acquired thereafter. husband

EXCEPTIONS: (BEG) 2. Payment of Community Debts

1. property acquired before the marriage by  First, pay out of community assets, if not
either spouse who has legitimate descendants by enough, husband and wife are solidarily liable
a former marriage
3. Delivery to each spouse his/her separate
2. property for personal and exclusive use property if any
except jewelry
4. Division of the net community assets
3. property acquired during the marriage
by gratuitous title, except when the donor,
5. Delivery of presumptive legitimes, if any, to the
testator or grantor expressly provides otherwise
children
NOTE: No waiver of rights allowed during the marriage
CONJUGAL PARTNERSHIP OF GAINS (CP)
except in case of judicial separation of property. The
waiver must be in a public instrument.
 It is that formed by a husband and wife whereby
they place in a common fund the fruits of their
Administration of the community property
separate property, and the income from their work
or industry, the same to be divided between them
GENERAL RULE: It shall belong to both spouses jointly. equally (as a general rule) upon the dissolution of
the marriage or the partnership.
EXCEPTIONS:
Conjugal Partnership Property: (LC2 FONT)
1. In case of disagreement, husband’s decision
shall prevail. 1. obtained from labor, industry, work or profession

2. In case one spouse is incapacitated or unable 2. acquired by chance

to participate in the administration of the
common properties, other spouse may assume
3. acquired during the marriage with conjugal
sole powers.
funds

NOTE: These powers do not include:

4. fruits of the conjugal property

a. Disposition b. encumbrance
5. acquired through occupation

NOTE: Any alienation or encumbrance is void if without

6. net fruits of their exclusive property
the written consent of the other spouse
7. share of either spouse in hidden treasure
Rule on Game of Chance
Exclusive Property Of Each Spouse: (OGRE)
 LOSS: Shall be borne by the loser-spouse and shall
not be charged to the community property
1. that which is brought to the marriage as
his/her own
 WINNINGS: Shall form part of the community
property
2. acquired during the marriage by gratuitous title
 3. acquired by right of redemption, barter or
exchange with property belonging to either spouse
4. purchased with exclusive money of either spouse
Rules In Cases Of Improvement Of Exclusive Property
1. Reverse Accession – if the cost of the
improvement and the plus value is more than the
value of the principal property at the time of the
improvement, the property becomes conjugal
2. Accession – if the cost of the improvement of the
plus value is equal to or less than the value of the
principal property at the time of the improvement,
the entire property becomes the exclusive property
of the spouse.
Steps In Liquidation Of CP: (DIRDO-DIP)
1. Inventory of the Conjugal Partnership of Gains
assets
2. Restitution of advances made to each spouse
3. Payment of debts to each spouse
4. Payment of obligations to third parties
5. Delivery of exclusive properties
6. Payment of losses and deterioration of movables
belonging to each spouse
7. Delivery of presumptive legitimes
8. Division of the net conjugal partnership
properties
NOTE: Property bought on installments paid partly from
exclusive funds of the spouses and partly form conjugal
funds:
1. If full ownership was vested before the marriage
– it shall belong to the buyer-spouse
2. If full ownership was vested during the marriage
- it shall belong to the conjugal partnership
Charges Upon and Obligations Of AC and CP:
1. Support for family except for illegitimate
children of either spouse;
2. Debts and obligations which must have been
contracted:
a. by administrator-spouse for the benefit of
the family;
b. by both spouses; or
c. by one spouse with the consent of the other;
3. Debts and obligations without marital consent
provided the family was benefited;
4. All taxes, liens, charges and expenses including
major or minor repairs upon the community or
conjugal property;
NOTE: However, in conjugal partnership, actual use
need not be proved because it is presumed.
5. All taxes and expenses for mere preservation
made during the marriage upon the exclusive
property of either spouse used by the family;
6. Expenses for education or self-improvement of
either spouse;
7. Ante-nuptial debts of either spouse insofar as
they have redounded to the benefit of the family;
8. The value of what is donated or promised by both
spouses in favor of their common legitimate children
for education or self-improvement; and
9. Expenses of litigation between spouses unless found
to be groundless.
NOTES:
 The separate properties shall be solidarily and
subsidiarily liable for the obligations if the
community or conjugal properties are insufficient.
 The absolute community property shall also be
liable for ante-nuptial debts mentioned above,
support of illegitimate children, and liabilities
incurred by either spouse by reason of a crime or
quasi-delict in case of insolvency of the exclusive
property of the debtor-spouse. Payment of which
shall be advanced by the absolute community
property, subject to deduction from the share of the
debtor-spouse.
 The conjugal partnership property shall likewise
be liable for the payment of the personal debts of
either spouse insofar as they have redounded to the
benefit of the family.
 Indirect benefits that might accrue to a husband
in his signing a surety or guarantee agreement not in
favor of the family but in favor of his employer
 corporation are not the benefits that can be 2. Void marriages 2. Adulterous
considered as giving a direct advantage accruing to due to absence of relationships
the family. Hence, the creditors cannot go against formal requisite
the conjugal partnership property of the husband in 3. Bigamous or
satisfying the obligation subject of the surety polygamous
agreement. A contrary view would put in peril the marriages
conjugal partnership property by allowing it to be
given gratuitously as in cases of donation of conjugal 4. Incestuous
partnership property, which is prohibited. (Ayala void marriages
Investment Corp. vs. CA) under Art. 37

5. Void
Grounds For Termination Of Absolute Community And
marriages by
Conjugal Partnership: (LADS) reason of
public policy
1. decree of legal separation under Art. 38
Salaries & Owned in equal Separately
2. annulment or declaration of nullity of marriage Wages shares owned by the
parties

3. death of either spouses

Property Belongs to such Belongs to
4. judicial separation of property Acquired party provided such party
Exclusively
by Either
there is proof
REGIME OF SEPARATION OF PROPERTY that he/she
Party
acquired it by
 Causes: (CLAAPS) exclusive funds

a. petitioner’s spouse has been sentenced with a

penalty which carries with it civil interdiction; Property Governed by the Owned by
Acquired rules on co- them in
b. loss of parental authority of the petitioner’s by Both ownership common in
Parties proportion to
spouse as decreed by the court;
their
respective
c. petitioner’s spouse has been judicially declared contributions
an absentee; Presump- Presumption of joint No
tion (prima acquisition andequal presumption
d. abandonment by the petitioner’s spouse and facie) sharing as to of joint
property acquired acquisition.
failure to comply with the obligations to the family; while they live When there is
together. evidence of
e. spouse granted power of administration in joint
marriage settlement abused such power; and acquisition but
none as to
the extent of
f. at the time of the petition, spouses actual
are separated in fact for at least 1 year and the contribution,
possibility for reconciliation is highly improbable. there is a
presumption
NOTE: The spouses contribute to the family of equal
expenses proportionately with their income and the sharing.
value of their properties. However, the liability of the Forfeiture When only one of If one of the
the parties is in parties is
spouses to the creditors for family expenses is solidary.
good faith, the validly married
share of the party in to another,
PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE bad faith in the co- his/her share
ownership shall be in the co-
forfeited: ownership
Art. 147 Art. 148
shall accrue to
Applica- 1. Without legal 1. With legal the absolute
bility impediment to a. in favor of their
impediment to common children; community or
marry
marry or conjugal
partnership
existing in
 b. in default of or in such valid FAMILY HOME
case marriage.
GENERAL RULE: The family home is exempt from
If the party execution, forced sale or attachment.
who acted in
of waiver by any or bad faith is
all of the common not validly EXCEPTIONS: (PLMN)
children or their married to
descendants, in another or if 1. debts incurred prior to constitution
favor of the both parties
2. debts due to laborers, mechanics, architects,
innocent party. are in bad
faith, such builders, material men and others who have
share shall be rendered service or furnished materials for the
forfeited in construction of the building
the manner 3. debts secured by mortgages
provided in 4. non-payment of taxes
the last
paragraph of
Article 147.

 Guidelines:

1. deemed constituted from time of actual

NOTE: Under Art. 148, only the properties acquired by
occupation as a family residence
both of the parties through their actual joint
contribution of money, property or industry shall be
owned by them in proportion to their respective 2. must be owned by person constituting it
contributions. It must be stressed that actual
contribution is required by this provision, in contrast to 3. must be permanent
Art. 147 which state that efforts in the care and
maintenance of the family and household, are regarded 4. rule applies to valid and voidable and even to
as contributions to the acquisition of common property common-law spouses under Articles 147 and 148
by one who has no salary or income or work or industry.
If the actual contribution of the party is not proved, 5. continues despite death of one or more spouses
there will be no co-ownership and no presumption of or unmarried head of the family for 10 years, or as
equal shares. (Agapay vs. Palang). Hence, mere long as a minor beneficiary lives
cohabitation without proof of contribution will not
result in a co-ownership. (Tumlos vs. Fernandez).
6. can constitute one (1) family home only
THE FAMILY
PATERNITY AND FILIATION
 Basic social institution which public policy
Rule on Children Conceived as a Result of Artificial
cherishes and protect hence, no suit between
Insemination
members of the family shall prosper unless the
compromise between the parties have failed
 Status is legitimate child, provided both husband
and wife authorized or ratified the insemination in a
FAMILY RELATIONS INCLUDE:
written instrument which they executed and signed
before the birth of the child
1. between husband and wife
2. between parents and children Legitimate Children
3. among ascendants and descendants
4. among brothers and sisters whether full or half-
GENERAL RULE: Only those who are conceived or
blood
born during a valid marriage

EXCEPTIONS: (CAVALAC)

Those children who are

1. Conceived as a result of artificial

insemination
 2. Born of a voidable marriage before decree of through mistake, fraud, violence, intimidation or
annulment undue influence.

3. Conceived or born before judgment of B. Prescriptive periods

annulment or absolute nullity under Art. 36 has
become final & executory
4. Conceived or born of subsequent marriage
under Art. 53
5. Of mothers who may have declared against
its legitimacy or was sentenced as an adultress
1. one year, from knowledge of birth or recording
in the civil register, if husband or heirs lives in the
SAME city/municipality
2. two years, if resides in the Phils.
3. three years, if abroad

6. Legally adopted C. Parties

7. Legitimated, conceived and born outside of
wedlock of parents without impediment at the
time of conception and had subsequently
married
Illegitimate Children
GENERAL RULE: Those conceived and born outside a
valid marriage are illegitimate.
EXCEPTIONS: Children who are:
GENERAL RULE: Only the husband may impugn
EXCEPTION: The heirs, if the husband dies before the
end of the prescription of the action, or after filing
complaint, or child was born after death
NOTE: The question of legitimacy cannot be collaterally
attacked, it can be impugned only in a direct action.
Rule on the Status of Children born after 300 days
following Termination of Marriage

1. born of marriages which are void ab initio A. Requisites (TS-WBN)

such as bigamous and incestuous marriages and
marriage was declared void for being contrary 1. first marriage terminated
to law and public policy
2. mother contracted subsequent marriage
2. of voidable marriages born after the decree
of annulment
3. subsequent marriage was contracted within 300
days after termination of previous marriage
Rules on Impugning Legitimacy
4. child was born
A. Grounds (PBA)
5. no evidence as to status of child
1. physical impossibility of the husband to have
sexual intercourse with his wife within the 1 st 120
days of the 300 days immediately preceding the B. Rules as to whom the child belongs
child’s birth, due to:
1. to first marriage, if child was born before the
a. physical incapacity of the husband; lapse of 180 days after celebration of 2 nd marriage
provided born within 300 days after termination of
the 1st marriage.
b. husband and the wife were living separately;
or
2. to second marriage, if child was born after 180
days following celebration of 2nd marriage whether
c. serious illness of the husband which born within 300 days after termination of 1stmarriage
absolutely prevented sexual intercourse or afterwards.

2. biological or scientific proof that the child could

not have been that of the husband; and

3. written authorization or ratification of either

parent for artificial insemination was obtained
Proof of Filiation
GENERAL RULE: Filiation of legitimate (or illegitimate)
children is established by any of the following:
1. The record of birth appearing in the civil registrar or
a final judgment
2. An admission of legitimate (or illegitimate) filiation in
a public document or a private handwritten instrument
and signed by the parent concerned.
EXCEPTION: In the absence of any of the foregoing
evidence, such legitimate or illegitimate filiation shall
be proved by:
1. Open and continuous possession of the status of a
legitimate or illegitimate child;
2. Any other means allowed by the Rules of Court and
special laws.
NOTES:
 Continuous does not mean that the concession of
status shall continue forever but only that it shall
not be of an intermittent character while it is
continuous. The possession of such status means that
the father has treated the child as his own, directly
and not through others, spontaneously and without
concealment though without publicity. There must
be a showing of permanent intention of the supposed
father to consider the child as his own by continuous
and clear manifestation of paternal affection and
care. (Mendoza vs. CA). The paternal affection and
care must not be attributed to pure charity. “Such
acts must be of such a nature that they reveal not
only the conviction of paternity, but also the
apparent desire to have and treat the child as such
in all relations in society and in life, not
accidentally, but continuously.” (Jison vs. CA)
 The SC in Lim vs. CA, ruled that petitioner was
the father of his illegitimate children because the
evidences convincingly show this. Hence, it was the
petitioner who paid the bills for the hospitalization
of the mother when she gave birth. He was the one
who caused the registration of the name of the child
using his surname in the birth certificate. He also
wrote handwritten letters to the mother and the
child stating his promise “to be a loving and caring
husband and father to both of you.” There were also
pictures of the petitioner on various occasions
cuddling the child.
 In view of the fact that filiation may be proved by
“any means allowed by the Rules of Court and
special laws” this may consist of baptismal
certificate, a judicial admission, a family bible in
which his name has been entered, common
reputation respecting his pedigree, admission by
silence, the testimony of witnesses and such other
kinds of proof admissible under Rule 130 of RC.
(Mendoza vs. CA) For a baptismal certificate to be
proof of filiation under the Rules of Court, it must
be shown that the father therein participated in the
preparation of the same. A birth certificate not
signed by the alleged father indicated in said
certificate is not competent evidence of
paternity. (Fernandez vs. CA)
 Proof of filiation of petitioners to the late Enrique
Baluyut is not sufficient to confer upon them any
hereditary right in the estate of the deceased. What
is necessary to be established by an illegitimate not
natural child in order that he may be entitled to
successional rights under Art 887 of NCC, is not the
fact of his bare filiation but a filiation acknowledged
by the putative parent.(Baluyut vs. Baluyut)
Rights of the Children
LEGITIMATE ILLEGITIMATE
Use of father & mother’s Use of mother‘s surname
surname
NOTE: However, RA 9255
amended Article 176, FC
Receive support from parents Receive support according to
FC
Entitled to the legitime & Legitime is ½ of the legitime
other successional rights of a legitimate child
R.A. No. 9255
 An Act Allowing Illegitimate Children to use the
surname of their Father, amending for the purpose
Article 176 of EO No. 209, otherwise known as the
"FAMILY CODE OF THE PHILIPPINES":
 Approved February 24, 2004
Illegitimate children may use the surname of their
father if:
1. their filiation has been expressly recognized by
the father through the record of birth appearing in
the civil register, or
2. when an admission in a public document or
private handwritten instrument is made by the
father
LEGITIMATION adoption and maintains such residence until the
adoption decree is entered, except when
 Requisites: (NIM)
1) former Filipino citizen who seeks to
a. The child is illegitimate adopt a relative within the 4th degree of
consanguinity or affinity
b. The parents at the time of the child’s conception
are not disqualified from marrying each other 2) one who seeks to adopt the legitimate or
illegitimate child of his/her Filipino spouse
c. There is a valid marriage subsequent to the
child’s birth 3) one who is married to a Filipino citizen
and seeks to adopt jointly with his/her
ADOPTION spouse a relative within the 4th degree of
consanguinity or affinity of the Filipino
spouse
A. Domestic Adoption Act of 1998
d. certified to have legal capacity to adopt by
(R.A. NO. 8552) his/her diplomatic or consular office

Who may adopt: (LPG-CANE) e. certified by said office that his government
allows the adoptee to enter his/her country as
1. Filipino Citizen: his/her adopted child

a. of legal age 3. Guardian – with respect to the ward after

termination of the guardianship and clearance of
b. in a position to support and care for his/her his/her financial accountabilities
children in keeping with the means of the family
Pre-Adoption Services
c. good moral character
 the DSWD shall provide for the following services:
d. in possession of full civil capacity or legal
rights 1. counselling services for the biological parents,
prospective adoptive parents and prospective
e. at least 16 years older than the adoptee
adoptee, except when: 2. exhaust all efforts to locate the biological
parents, if unkown
1) adopter is the biological parent of the
adoptee Rule on Adoption by Spouses

2) adopter is the spouse of the adoptee’s GENERAL RULE: The husband and the wife shall
parent JOINTLY adopt.

f. has not been convicted of any crime involving EXCEPTIONS:

moral turpitude
1. one spouse seeks to adopt the legitimate
g. emotionally and psychologically capable of child of the other
caring for children
2. one spouse seeks to adopt his/her own
2. Alien: illegitimate child

a. same qualifications as a Filipino 3. the spouses are legally separated

b. country has diplomatic relations with the Who may be adopted:

Phil.
1. any person below 18 years of age who has been
c. has been living in the Phil. for at least three voluntarily committed to the DSWD under P.D. 603
(3) continuous years prior to the application for or judicially declared available for adoption
 2. legitimate stepchild
3. illegitimate stepchild
4. qualified adult, who, prior to the adoption, has
been consistently considered by the adopter as
his/her own child since minority;
5. child whose adoption has been previously
rescinded
6. child whose biological or adoptive parents have
died, provided that no proceedings shall be initiated
within 6 months from the time of death of said
parents
Consent in Adoption (BAILAS)
The WRITTEN CONSENT to the adoption is required in
the following cases:
1. the adoptee, if 10 years of age or over
2. biological parents or government instrumentality
3. the legitimate/adopted children, 10 years old or
over, of the adopter and adoptee
4. the illegitimate children, 10 years old or over, of
the adopter if living with the adopter and the latter's
spouse
5. spouse of the adopter and adoptee
Effectivity of Decree of Adoption
 a decree of adoption shall be effective as of the date
the original petition was filed. It applies also in case the
petitioner(s) dies before the issuance of the decree of
adoption to protect the interest of the adoptee.
NOTE: Where the petition for adoption was granted
after the child had shot and killed a girl, the SC did not
consider the retroactive effect to the decree of adoption
so as to impose a liability upon the adopting parents
accruing at the time when the adopting parents had no
actual or physical custody over the adopted child.
Retroactive effect may perhaps be given to the granting
of the petition for adoption where such is essential to
permit the accrual of some benefit or advantage in favor
of the adopted child. To hold that parental authority had
been retroactively lodged in the adopting parents so as
to burden them with liability for a tortious act that they
could not have foreseen and which they could have
prevented would be unfair and
unconscionable. (Tamargo vs. CA 209 S 518)
Effects of Adoption: (SAL)
1. Severance of legal ties between the biological
parents and the adoptee and the same shall be
vested in the adopters.
EXCEPTION: if the biological parent is the spouse
of the adopter
2. Adoptee shall be considered as a legitimate child
of the adopter(s) for all intents and purposes.
3. In legal or intestate succession, the adoptee and
the adopter(s) shall have reciprocal rights of
succession without distinction from legitimate
filiation. However, if there is a will, the rules on
testamentary succession shall be followed.
Rescission of Adoption
 Grounds: (ASAR)
1. attempt on the life of the adoptee
2. sexual assault or violence
3. abandonment and failure to comply with
parental obligations
4. repeated physical or verbal maltreatment by the
adopter
NOTES:
 Only the adoptee is given the right to rescind the
decree of adoption
 The adopter can NOT rescind the decree of the
adoption but he or she may disinherit the adoptee.
 Effects:
a. Parental authority of adoptee’s biological parents
or legal custody of DSWD shall be restored if adoptee is
still a minor or incapacitated.
b. Reciprocal rights and obligations of the adopter(s)
and the adoptee to each other shall be extinguished.
c. The amended certificate of birth of the adoptee
shall be cancelled and its original shall be restored.
d. Succession rights shall revert to its status prior to
the adoption, but vested rights shall not be affected.
B. Inter-Country Adoption Act of 1995 (R.A. No.
8043)
Inter-Country Adoption
 The socio-legal process of adopting a Filipino child by
a foreigner or a Filipino citizen permanently residing
abroad where the petition is filed, the supervised trial
custody is undertaken, and the decree of adoption is
issued outside the Philippines.
Who may be adopted:
a. Only a “legally-free child” may be the subject of
inter-country adoption
NOTE: “Legally-free Child” - a child who has been
voluntarily or involuntarily committed to the DSWD of
the Philippines, in accordance with the Child Youth and
Welfare Code.
b. No child shall be matched to a foreign adoptive
family unless it is satisfactorily shown that the child
cannot be adopted locally.
Who may adopt:
 Any alien or Filipino citizen permanently residing
abroad may file an application for inter-country
adoption of a Filipino child if he/she:
1. is at least 27 years of age and at least 16 years
older than the child to be adopted, at the time of
the application unless the adopter is the parent by
nature of the child to be adopted or the spouse of
such parent
2. if married, his/her spouse must jointly file for
the adoption
3. has the capacity to act and assume all rights
and responsibilities of parental authority under his
national laws, and has undergone the appropriate
counselling from an accredited counsellor in his/her
country
4. has not been convicted of a crime involving
moral turpitude
5. is eligible to adopt under his/her national law
6. is in a position to provide the proper care and
support and to give the necessary moral values and
example to all his children, including the child to
be adopted
7. agrees to uphold the basic rights of the child as
embodied under Philippine laws, the U.N.
Convention on the Rights of a Child, and to abide by
the rules and regulations issued to implement the
Inter-Country Adoption Act
8. comes from a country with whom the
Philippines has diplomatic relations and whose
government maintains a similarly authorized and
accredited agency and that adoption is allowed
under his/her national laws
9. possesses all the qualifications and none of the
disqualifications under the Inter-Country Adoption
Act and other applicable Philippine laws
Inter-Country Adoption Board
 acts as the central authority in matters relating
to inter-country adoption.
 The Board shall ensure that all possibilities for the
adoption of the child under the Family Code have
been exhausted and that inter-country adoption is in
the best interest of the child.
Trial Custody:
 6 months from the time of placement
1. starts upon actual physical transfer of the child
to the applicant who, as actual custodian, shall
exercise substitute parental authority over the
person of the child.
2. the adopting parent(s) shall submit to the
governmental agency or authorized and accredited
agency, which shall in turn transmit a copy to the
Board, a progress report of the child’s adjustment.
NOTES:
 If the pre-adoptive relationship is found
unsatisfactory by the child or the applicant or both,
or if the foreign adoption agency finds that the
continued placement of the child is not in the child’s
best interest, said relationship shall be suspended by
the Board and the foreign adoption agency shall
arrange for the child’s temporary care.
 If a satisfactory pre-adoptive relationship is
formed between the applicant and the child, the
Board shall submit the written consent to the
adoption to the foreign adoption agency within 30
days after receipt of the latter’s request.
 A copy of the final decree of adoption of the child,
including certificate of citizenship/naturalization
whenever applicable, shall be transmitted by the
foreign adoption agency to the Board within 1 month
after its issuance.

NOTE: For a comprehensive discussion of the procedural
aspects of adoption, please refer to A.M. No. 02-06-02-
SC or the Remedial Law Memory Aid
SUPPORT
everything indispensable for sustenance, dwelling,
clothing, medical attendance, education and
transportation in keeping with the financial capacity
of the family
Kinds: (LJC)
1. Legal – that which is required or given by law
2. Judicial – required by the court to be given
whether pendente lite or in a final judgment
3. Conventional – given by agreement
Characteristics: (PIN-ERV)
1. Personaln 2. Intransmissible
3. Not subject to waiver or compensation
4. Exempt from attachment or execution
5. Reciprocal on the part of those who are by law
bound to support each other
6. Variable
Persons obliged to support each other:
1. 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
5. legitimate brothers and sisters whether full or
half-blood
NOTE: Support shall be in proportion to the resources or
means of the giver and to the necessities of the
recipient.
Order of liability if several persons are obliged to give
support:
1. spouse
2. descendants in the nearest degree
3. ascendants in the nearest degree
4. brothers and sisters
NOTES:
 When the obligation to give support falls upon 2
or more persons payment shall be divided between
them in proportion to the resources of each, but in
case of urgent need and special circumstances, the
court may order one of them to furnish the support
provisionally subject to the right to claim from the
other obligors the share due them
 When two or more recipients at the same time
claim for support and the obligor does not have
sufficient means to satisfy all claims:
1. the order of liability provided by law shall be
followed
2. if the concurrent obligees should be the spouse
and child subject to parental authority, the child
shall be preferred
PARENTAL AUTHORITY (PA)
Rules as to the exercise of PA:
1. 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
2. If the child is illegitimate, parental authority is
with the mother.
Parental Preference Rule
 the natural parents, who are of good character
and who can reasonably provide for the child are
ordinarily entitled to custody as against all persons
Rule in case of legal separation of parents:
 parental authority is exercised by the parent
designated by the court.
GENERAL RULE: No child under 7 years of age shall be
separated from the mother.
EXCEPTION: When the court finds compelling reason to
order otherwise.
NOTE: Paramount consideration in matters of custody of 3. emancipation of the 3. judicial declaration of
a child is the welfare and well-being of the child. (Tonog child abandonment
vs. CA)
4. subjected child to 4. final judgment
Persons Exercising Substitute PA: sexual abuse
divesting the parents of
parental authority
1. surviving grandparent
5. judicial declaration of
2. oldest brother or sister over 21 years of age absence or inca-pacity of
unless unfit or disqualified the parents exercising
parental authority over
the child
3. actual custodian unless unfit or disqualified

Persons Exercising Special PA:

1. school Grounds for suspension of PA (CHOBAN)

2. administrators and teachers 1. conviction of a crime with the penalty of civil

interdiction
3. individual, entity or institution engaged in child
care 2. harsh or cruel treatment against the child

NOTES: 3. orders, counsel and example which are

 Parental authority and responsibility are
inalienable and may not be transferred and
renounced except in cases authorized by law.
 Parents may exercise parental authority over their
child’s property
Kinds of Properties of a Minor
corrupting, given by the person exercising authority
4. begging is compelled of the child
5. acts of lasciviousness, allowed for the child to be
subjected to, or himself subjects the child to
6. negligence, which is culpable, committed by the
person exercising authority

ADVENTITIOUS PROFECTITIOUS FUNERALS

1. earned or acquired by the
child through his work or
industry by onerous or
gratuitous title
2. owned by the child
3. child is also the
usufructuary, but the child’s
use of the property shall be
secondary to the collective
daily needs of the family
4. property administered by
the parents
1. property given by the
parents to the child for the
latter to administer
2. owned by the parents
3. parents are the usufructuary
4. property administered by
the child
GENERAL GUIDELINES
1. duty and right to make arrangement in funerals
in accordance with Article 199, FC
2. the funeral shall be in keeping with the social
position of the deceased
3. the funeral shall be in accordance with the
expressed wishes of the deceased

a. in the absence of the expressed wishes, his

religious beliefs or affiliation shall determine
Termination of PA
b. in case of doubt, the persons in Article 199,
PERMANENT TEMPORARY FC shall decide
1. death of the parents 1. adoption of the child
4. any person who disrepects the dead or allows the
2. death of the child 2. appointment of a same shall be liable for damages
general guardian
Grounds for Change of First Name or Nickname case, a period of 5 a. person on board a
under R.A. No. 9048 (An act authorizing City or years is sufficient vessel lost during a sea
voyage or an aeroplane
Municipal Civil Registrar or the Consul General to
c. 4 YEARS, person which is missing; period
Correct a Clerical or Typographical Error in an Entry is counted from the loss
and/or Change of First Name or Nickname in the Civil presumed dead for
purposes of remarriage of the vessel or
Registrar Without need of a Judicial Order, Amending of the spouse present
aeroplane
for this Purpose Articles 376 and 412 of the Civil Code))
b. person in the armed
1. The petitioner finds the first name or nickname forces who has taken
part in war
to be ridiculous, tainted with dishonour or extremely
difficult to write or pronounce
c. person in danger of
death under other
2. The new first name or nickname has been circumstances and his
habitually and continuously used by the petitioner existence has not been
and he has been publicly known by that first name known
or nickname in the community

3. The change will avoid confusion

NOTE: Please refer to Remedial Law Memory Aid for a

comprehensive discussion of the procedural aspects of
change of name.

ABSENCE

DECLARATION OF ABSENCE

WITHOUT WITH
ADMINISTRATOR ADMINISTRATOR
2 years from the lapse 5 years from the lapse
of time without news of time without news
about the absentee or about the absentee or
since the receipt of since the receipt of
the last news the last news

PRESUMPTION OF DEATH

ORDINARY EXTRAORDINARY/
ABSENCE QUALIFIED
ABSENCE

a. 7 YEARS, person For all purposes

presumed dead for all including those of
purposes except for opening succession, a
those of opening period of 4 YEARS, and
succession for purposes of
remarriage of the
b. 10 YEARS, person spouse present, a
presumed dead for period of 2 YEARS, is
purposes of opening sufficient under the
succession except if he following
disappeared after the circumstances:
age of 75, in which