Article 194 Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation,

in keeping with the financial capacity of the family. The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work. (290a) It includes more than the bare necessities of life, but the comforts of life as well all such means of living as would enable a person to live in a style and condition with a degree of comfort suitable and becoming to his situation in life. Follows anything requisite to the housing, feeding, clothing, health, proper recreation, vacation, or traveling expense keeping in view the social family relationship and quantum of the income Funeral expenses and allowance for the payment of life insurance premiums are not within support

Article 195 Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article; (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 of the full or half blood (291a) For spouses: Husband and wife are obliged to render mutual help and support To be entitled to support of a spouse, he or she must be the legitimate spouse In a final judgment granting the petition for annulment or for the declaration of nullity of marriage, the obligation of mutual support ceases In legal separation, obligation to support of spouses ceases upon the finality of the decree of legal separation, unless the court order that the guilty spouse shall give support to the innocent one

For Legitimate Ascendants and Descendants: Basis of the right to support is the legitimacy of relationship Abandonment of descendant will deprive the ascendant of the right to receive support from the descendant so abandoned (Castillo v. Castillo) However, illegitimate descendants are entitled to support from the grandparents

An unborn child is entitled to support, because according to Article 40, a conceived child shall be considered born for all purposes favorable to it; and according to Article 742, conceived child may receive donations through the persons who would legally represent them if they were already born

Illegitimate Children are entitled to support: (Article 195 pg. 3 and 4 remedied the article 291 of the civil code) They are entitled to support as a form of assistance in order for them to surmount the disadvantages facing them through the misdeeds of their parents The transgressions of social conventions committed by the parents should not be visited upon such children Supported from the separate property, however if no separate property, the absolute community of conjugal partnership shall advance the support. Upon the liquidation of the absolute community of property or the conjugal partnership, such advances shall be deducted from the share of such spouse. In Montefalcon v. Vasquez, the Court granted Dolores and Laurence Montefalcons petition that Laurence be acknowleged as the illegitimate child of Ronnie Vasquez, and he is ordered to pay past and present monthly support.

Article 196 Brothers and sisters not legitimately related, whether of the full or half blood, are likewise bound to support each other to the full extent set forth in Article 194, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimants fault or negligence. (291a) The right and obligation ceases when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimants fault or negligence

Article 197 For the support of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related, only the separate
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property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property, the absolute community or the conjugal partnership, if financially capable, shall advance the support, which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal relationship. (n) Properties Answerable for Support: a. Absolute Community of Conjugal Partnership for support of the following: (1) Spouses; (2) Common Children of spouses; (3) Legitimate Children of either spouse.

Reminder: If the community property or the conjugal partnership is insufficient to cover the foregoing, the spouses shall be solidarily liable for the unpaid balance with their separate properties. (Article 94&121) b. Separate Property of Person Obliged to Give Support for the support of the following: (1) Illegitimate Children; (2) Legitimate ascendants; (3) Descendants, whether legitimate or illegitimate; (4) Brothers and sisters, whether legitimately or illegitimately related Reminder: Absolute community or the conjugal partnership may advance subject to the following conditions: (1) if obligor has no separate property or the same is insufficient; (2) the absolute community or conjugal partnership is financially capable; and (3) subject to reimbursement upon liquidation of the absolute community or conjugal partnership. Article 198 During the proceedings for legal separation or for the annulment of marriage, and for declaration of nullity of marriage, the spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. After final judgment granting the petition, the obligation of mutual support between the spouses ceases. However, in case of legal separation the court may order that the guilty spouse shall give support to the innocent one, specifying the terms of such order.

During the pendency of nullity of marriage or decree of legal separation, the court shall provide for the support of the spouses and the children which is known as support pendente lite which shall come from the conjugal properties or ACP Support pendente lite may not be allowed if: o The status of the plaintiff is in issue, until the marriage is established as a fact o There is a defense that the plaintiff wife has committed adultery because it is a valid defense in an action for support if adultery is proved and sustained, the action for support will be defeated mere allegation of adultery will not bar from receiving support pendent lite Procedure o Upon receipt of a verified petition of declaration of nullity of marriage or for annulment of voidable marriage, or for legal separation, at any time during the proceeding, the court, motu proporio or upon application under oath of any of the parties, may issue provisional orders (including spousal support) with or without hearing o In determining the amount of support pendente lite, the court ascertains the kind and amount of evidence which it may deem sufficient to enable it to justly resolve the application Mere affidavits may satisfy the court to pass upon the application for support pendente lite a) Spousal support I. The spouses may be supported from the properties of the absolute community or the conjugal partnership II. The court may award support to either spouse in such amount and for such period of time as the court may deem just and reasonable based on their standard of living during the marriage III. The court may also consider: i. The custodian of the child ii. Sufficient education and training to enable the spouse seeking the support to find appropriate employment iii. Duration of the marriage iv. Comparative financial resources of the spouses v. Needs and obligations of each spouse vi. Physical and emotional conditions of the spouses vii. Spouses earning capacity, earned and unearned income, assets, and standard of living viii. And any other factor the court may deem just and equitable IV. Deduction of the provisional support from the salary of the spouse (Family Code)

b.) Child Support The common children shall be supported from the properties of the absolute community or the conjugal partnership Either parent or both may be ordered to give an amount necessary for the support, maintenance, and education of the child; considering the following factors: o Financial resources of the custodial and non-custodial parent and those of the child o Physical and emotional health of the child, and his or her special needs and aptitudes o The standard of living the child has been accustomed to o Non-monetary contributions that the parents will make toward the care and well-being of the child

c.) Anti-Violence Against Women and Their Children Act of 2004 (R.A. No. 9262) The State values the dignity of women and children and guarantees full respect for human rights. The State also recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security. (Sec. 2) A. "Physical Violence" refers to acts that include bodily or physical harm; B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to: a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser; b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion; b) Prostituting the woman or child. C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse
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of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children. D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following: 1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code; 2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common; 3. destroying household property; 4. controlling the victims' own money or properties or solely controlling the conjugal money or properties. The spouse who is a victim of violence has an immediate relief and faster remedy in the form of a Temporary Protection Order, the court can direct the respondent husband to provide support to the wife and/or her child if entitled to legal support. (Sec. 8) The court can also order that an appropriate percentage of the income or salary of the respondent be withheld regularly by the respondents employer to be automatically remitted to the woman (Sec.8) Failure to remit and/or withhold or any delay in the remittance of support without justifiable cause shall render the respondent or his employer liable for indirect contempt of court (Sec.8)

Order of support Art. 199. Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein provided: (1) The spouse; (2) The descendants in the nearest degree; (3) The ascendants in the nearest degree; and (4) The brothers and sisters. (294a) Art. 200. When the obligation to give support falls upon two or more persons, the payment of the same shall be divided between them in proportion to the resources of each.
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However, in case of urgent need and by special circumstances, the judge may order only one of them to furnish the support provisionally, without prejudice to his right to claim from the other obligors the share due from them. When two or more recipients at the same time claim support from one and the same person legally obliged to give it, should the latter not have sufficient means to satisfy all claims, the order established in the preceding article shall be followed, unless the concurrent obligees should be the spouse and a child subject to parental authority, in which case the child shall be preferred. (295a) Order of liability of support The liability to give support whenever two or more persons are obliged to give it, shall devolve upon the following persons in the order herein provided: 1) 2) 3) 4) The spouse The descendants in the nearest degree The ascendants in the nearest degree The brothers and sisters

When the obligation to give support falls upon two or more persons, the payment of the same shall be divided between them in proportion to the resources of each. In case of urgent need and by special circumstances, the judge may order only one of them to furnish support provisionally, without prejudice to his right to claim from the other obligators the share due from them When two or more recipients at the same time claim support from one and the same person legally obliged to give it, should the latter not have sufficient means to satisfy all claims, the order established in article 199 shall still be followed, unless the concurrent obliges should be the spouse and a child subject to parental authority, in which case the child shall be preferred. Amount of support to be given Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient. (296a) Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same. (297a) The amount of support shall be in proportion to the resources or means of the giver and to the necessities of the recipient, and the same may be reduced or increased

proportionately, according to the reduction or increase of the necessities of the recipient and the resources o means of the person obliged to furnish the same. o Any judgment of granting support never becomes final and is always subject to modification depending on the needs of the child and the capabilities of the parents to give support. o The evidence must prove the capacity of the or resources of both parents who are jointly obliged to support their children as provided under article 95 of the Family code, and the monthly expenses incurred for the sustenance, dwelling, clothing, medical attendance, education and transportation of the child. A judgment for support does not become final at all. The reason for this is that, it can be reduced or increased proportionately according to the reduction or increase of the necessities of the recipient and the resources or means of the giver. Illustration: If a person is obliged to give support by virtue of a decision of the court and such decision mandates that he should give the recipient P1,000.00 per month and later on gets demoted in his work and receives a lesser compensation, he can ask for a reduction because his resources or means of the said person has diminished. Appropriately, however, the reduction of means as a defense does not apply to support of spouses for it refers more to a case where the recipient is a stranger to the family of the obligor. When support is demandable and how can support be paid. Article 203 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 extra-judicial demand. Support pendent lite may be claimed in accordance with the rules of court. Payment shall be made within the first five days of each corresponding month. When the recipient dies, his heirs shall not be obliged to return what he has received in advance. Article 204 The person obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed, or by receiving and maintain in the family dwelling the person who has a right to receive support. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto.
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 The obligation to give support is 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 extra-judicial demand Payment shall be made within the first five days of each corresponding month. In case of death of the person entitled to receive support, his heirs shall not be obliged to return what he has received in advance for such support. The person obliged to give support shall have the option to fulfill the obligation either: o By paying the allowance fixed o By receiving and maintaining in the family dwelling the person who has a right to receive support Cannot be availed of in case there is moral or legal obstacle thereto Article 69 of the family code o The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption. o In the following instances, the right of the wide to separate maintenance is recognized, hence, the latter alternative provided for in article 204 of the family code is not available: Where the place choses by the husband for the family residence is dangerous to her life or she is subjected to maltreatment or insults which make common life impossible Where the husband spends his time in gambling, giving no money to his family for food and their necessities, and at the same time insulting his wife and laying hands on her, where the husband has continually carried on illicit relations with other women and treated his wife roughly, and where the wife was virtually driven from their home by the husband and threatened with injury. (In all the foregoing cases, where the wife was justified to live separately from the husband, the courts have uniformly required the husband to give support. Misunderstanding and disagreement with in-laws is not a ground for leaving the conjugal residence. In the absence of legal and moral obstacle, a person obligated to give support may, at his option, fulfill his obligation either by paying an allowance fixed or by maintaining the person to be support in his house. Right to recover attorneys fees Where the duty to support is admitted, but in spite of demands the duty is not complied with and the person to be support has to resort ot the court for the enforcement of his right, then the person obliged to give support must pay reasonable attorneys fees
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 In actions for legal support, even in the absence of the stipulation, attorneys fees are recoverable. Judgment immediately executory Section 4 , rule 39, rules of court: o Unless ordered by the trial court, judgments in actions for support are immediately executory and cannot be stayed by an appeal. o This is an exception to the general rule which provides that the taking of an appeal stays the execution of the judgment and that advance execution will only be allowed if there are urgent reasons therefore. The provision peremptorily calls for immediate execution of all judgments for support and makes no distinction between those which are the subject of an appeal and those which are not. The rule has to be so because in all cases involving a child, his interest and welfare are always the paramount concerns. There may be instances where, in view of the poverty of the child, it would be a travesty of justice to refuse him support until the decision of the trial court attains finality while time continues to slip away. The provisions of Article 203, Family Code requires that before support is paid, there must be judicial or extrajudicial demand. This is so because the right to demand support arises from imperative necessity, without which, it cannot be demanded, and the law Presumes that such necessity does not exist unless support is demanded. When obligation ceases: 1) According to law, the obligation to give support shall cease when the recipient engages in a trade, profession or industry, or has obtained work or has improved his fortune in such a way that he no longer needs the allowance for his subsistence. Thus, if in spite of the ability to practice the profession, art or trade, or even its actual practice, the necessities of the recipient continue without his fault, the obligation to give what is needed subsists. 2) Appropriately, it is the sufficiency of income derived from the practice of the profession, art or trade that determines the necessity for support and so a father is not obliged to give support to his children if they have their own properties or profession or industry, from which they get sufficient income for their subsistence Payment of Support Article 205. The right to receive support under this Title as well as any money or property obtained as such support shall not be levied upon on attachment or execution. (302a) Characteristics:
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1. The right to receive legal support, as well as any money or property obtained as such support, cannot be levied upon on attachment or execution. 2. the right to receive support cannot be renounced nor can it be transmitted to a third person; 3. future support cannot be the subject of a compromise 4. compensation may not even be set up against a creditor who has a claim for support due by gratuitous title. Payment of Support by a third person/stranger Requisites in order for support from stranger to be reimbursable: Article 206: 1. Support of a dependent has been furnished by a stranger 2. Support was given without the knowledge of the person obliged to give support 3. Support must not be given without the intention of being reimbursed Note that the stranger in this article refers to one who does not have any obligation to give support to the person who received it. The giver must not be one of those enumerated in Art. 195 and 196 of the Family Code. This obligation arises from quasi-contracts. Article 207: 1. There is an urgent need to be supported on the part of the recipient; 2. The person obliged to support unjustly refuses or fails to give the support 3. A third person furnishes the support to the needy individual. Law creates a promise of reimbursement on the part of the person obliged to furnish support, in spite of the deliberate disregard of legal and moral duty. Furthermore, this provision is demanded by justice and public policy.

Contractual Support Article 208. In case of contractual support or that given by will, the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution. Furthermore, contractual support shall be subject to adjustment whenever modification is necessary due to changes in circumstances manifestly beyond the contemplation of the parties. (n) Distinctions of Contractual Support from Legal Support:
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o Contractual support is not based on law but originates either from the will of the obligor or from the agreement of the parties, unlike in legal support which is mandated by law or based on the provisions of the law. o In legal support, the recipient and the giver must be mutually obliged to give support, whereas in contractual support, they need not be so. o Contractual support can be renounced or waived unlike legal support. Nature and Concept of Parental Authority Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing of such children for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being. (n) Art. 210. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. (313a) Parental Authority Parental Authority (patria potestas) mass of rights and obligations which parents have in relation to the person and property of their children until their majority age or emancipation, and even after this under certain circumstances. Jus vitae ac necis (right to life and death) paternal authority was unlimited. the father had the absolute control over his children, and might even, as the domestic magistrate of his family, condemn them to death. They could acquire nothing except for the benefit of the pater familias (father of the family); and they were even liable to be sold and reduced to slavery by the author of their existence. But in the progress of civilization this stern rule was gradually relaxed.

Over whom exercised Parental authority is exercised over unemancipated children. But in certain instances, parental authority may still be exercised notwithstanding the emancipation of the child example: o Parental consent is necessary if a person below 21 years of age wants to get married. Emancipation takes place from the attainment of majority. Majority commences at the age of 18 years old and the parental authority over his person is terminated except in certain situations expressly provided by law.

Consequences of Parental Authority 1. the right to have them in their company (custody)
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2. the right to be obeyed and respected 3. the right to impose discipline on them as may be required under the circumstances 4. the right to withhold or give consent in certain matters 5. the right to exercise legal guardianship over the property of unemancipated common children 6. limited right of usufruct over the childs property. Cannot be Renounced or Transferred Parental authority is alienable nad may not be transferred or renounced except in cases authorized by law. Law allows waiver only in cases of: o Adoption o Guardianship o Surrender to a childrens home or an orphan institution Mere temporary custody in cases when parents entrust custody to a friend or godfather and does not constitute a renunciation of parental authority.

Authorized Waiver of Parental Authority A. Adoption Upon the issuance of a decree of adoption, the parental authority of the parents by nature over the adopted shall terminate and the same shall be vested in the adopters. In adoption proceedings, when the decree of adoption is entered, the same shall be effective as of the date the original petition was filed. In other words, the effects of a decree of adoption shall retroact to the day of the filing of the original petition. B. Voluntary Commitment of a Child to DSWD The parent or guardian of a dependent, abandoned or neglected child may voluntarily commit him to the DSWD or any duly licensed child placement agency or individual provided that no child shall be committed unless he is surrendered in writing by his parents or guardian to the care and custody of the DSWD or duly licensed child placement agency. Legal incapacity or death of one parent Parental authority is continued by the parent present or surviving parent. When any child shall have been committed in accordance with the foregoing manner and procedure and such child shall have been
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accepted by the DSWD or any duly licensed child placement agency or individual, the rights of his natural parents, guardian, or other custodian to exercise parental authority over him shall cease. C. Involuntary Commitment of a Child to DSWD DSWD Secretary, authorized representative, or any duly licensed child placement agency, having fully knowledge of a child who appears to be dependent, abandoned, or neglected, may file a verified petition for involuntary commitment of said child. Article 211 The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the fathers decision shall prevail, unless there is a judicial order to the contrary. Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority

Joint Exercise of Parental Authority: 1) Father and mother shall jointly exercise parental authority 2) Parents are equally bound to guarantee the rearing of the children. 3) In case of disagreement, the fathers decision shall prevail. a. Only the court can alter decisions b. Decision is for the childrens best interest Parental Authority over Illegitimate Children: 1) Illegitimate Children are under the Parental Authority of their mother a. Consent and Participation is required from the Illegitimate Child then the mother will give its consent and participation under Articles 14 and 78 of the Code. Once parental authority is vested, it cannot be waived except in cases of: 1) Adoption 2) Guardianship 3) Surrender to a childrens home or an orphanage Rule Applies Even If Father Admits Paternity
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*Paternity legal acknowledgement of the parental relationship between a man and a child - Parental Authority of the mother applies whether or not the father admits paternity. - David V. CA, father who recognizes his illegitimate child may give support but cant have custody of the child. R.A. 9255 amending Art.176, illegitimate children are only authorized to use the surnames of the father if paternity is recognized by the latter in public or private written instruments. Visitation Rights 1) Right of access of a noncustodial parents to his or her child or children **** In the ruling of Justice Vitug in the case of Silva V. CA, - In relation, Article 209 of the Code, states that it is the natural right and duty of parents and those exercising parental authority to, among other things, keep children in their company and to give them love and affection. * There is nothing conclusive to indicate that these provisions are meant to solely address themselves to legitimate relationships. * Declaration of nullity of marriages is important (void or inexistent marriages), Article 49 of the FC provides for the appropriate visitation rights to parents who dont have the custody rights of the children Article 212 In case of absence or death of either parent, the parent present shall continue exercising parental authority. The remarriage of the surviving parent shall not affect the parental authority over the children, unless the court appoints another person to be the guardian of the person or property of the children. Remarriage of a Parent: 1) Surviving parent is present = has parental authority; remarriage of the surviving parent will not affect the parental authority over the children 2) New spouse of the surviving parent = new spouse does not have parental authority unless he adopts the children. 3) Court may appoint another person to be the guardian of the person or property of the children (*when it is shown that the surviving parent cannot take care and give concern to the children)

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Article 213 In case of separation of parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. No child under seven years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise. Who Shall Exercise Parental Authority In Case of Separation: The parent designated by the Court shall exercise Parental Authority Rule in Legal Separation: o Article 63 (3) the Custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of article 213 of the FC o Innocent spouse shall be designated by the court to exercise parental authority over minor children. (Note: he/she who has custody of the minor child can implement the sum of parental rights and duties associated with parental authority) o Custody = sum of parental rights + parents right to access and companionship Subject to the Provisions of Article 213 o The Code prohibits the separation of the child below seven years of age from the mother even if the latter is the guilty spouse in a legal separation. o Being the guilty spouse does not constitute that the mother is unfit to be the parent. *** In Bondagjy V. Bondagjy, what determines the fitness of any parents is the ability to the physical, educational, social and moral welfare of the children, and the ability to give them a healthy environment as well as physical and financial support*** Tender-Age Presumption: (a) General Rule - A child below 7 years old should not be separated from the mother - Basic need of a child is his/her mothers loving care - Art. 213 creates a strong bias in favoring the mother (b) Exception: Compelling Reasons - Court may award the custody to someone else even if less than 7 y/o Children Over Seven Years of Age: - A child is allowed to state his preference - Court may disregard the choice of the child if the childs preference should be found unfit.

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Paramount Consideration: Welfare of the Child: - The childs interest, the welfare and the well-being of the child is always the concern of the court. Rule in Separation De Facto: - The rules apply same as the ones written for Rule in Legal Separation Article 214 In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. In case several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding article, shall exercise the authority. Substitute Parental Authority of Grandparents: 1) Absence or incapacity of the parents, grandparents have the legal preference for parental authority because they are the most natural, suitable, and logical persons. Topics Covered: (Article 214-219) I. PARENTAL, FILIAL and MARITAL PRIVILEGE (Article 215 complemented by Sections 24-25, Rule 30 of the Rules of Court) a. Who may not be compelled to testify? i. Person against his parents or other direct ascendants (FILIAL PRIVILEGE) ii. Person against his children or other direct descendants (PARENTAL PRIVILEGE)i iii. Husband or Wife without the consent of the other as to the communication received by one from the other in confidence. (MARITAL PRIVILEGE)

b. Rationale of the rule To preserve the family cohesion/ harmonious relations between parent and child or husband and wife which may be ruptured through testifying in court. Furthermore, perjury may result because the parent or the child/ wife and husband may give false testimony to protect the other.

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c. Testimonial privilege not a testimonial disqualification It is a testimonial privilege, not a testimonial disqualification (22-24 of Rule 130). The witness is the holder of the privilege and has the power to invoke or waive the privilege. He cannot be compelled but he is not prohibited to testify. The relative against whom he is testifying cannot invoke nor waive the privilege. d. Qualification of the Rule: Filial Privilege may not be invoked when in the crime: i. the descendant -witness himself is the victim, or ii. the descendant -witness parent commits a crime against the descendantwitness other parent and the testimony of the descendant is indispensable. In such cases, the descendant can be required to testify. Note: an ascendant may not be compelled to testify even if it is a crime by the descendant against the ascendant-witness. The ascendant-witness may testify voluntarily though. Marital Privilege may not be invoked when crime is committed against: i. each other; ii. Direct ascendant or descendant e. Comparative Analysis of Article 215 of NCC, Secs. 24-25, Rule 130 of the Rules of Court. Article 215 of the Family Code Sec. 24, Rule 130 of the Rules of Court both civil and criminal cases MARITAL (husband and wife) Sec. 25, Rule 130 of the Rules of Court both civil and criminal cases PARENTAL AND FILIAL (children or other direct descendants) or ascendants

APPLICABILITY

criminal proceedings

WHO MAY INVOKE PRIVILEGE

FILIAL (descendants)

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EXEMPTION

crime against the descendant or by one parent against the other

cases against each other or crime against direct ascendant or descendant

(parents or other direct ascendants) none

II. SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY (Articles 216-219) PARENTAL AUTHORITY OR PATRIA POTESTAS Juridical institution whereby parents rightfully assume control and protection of their unemancipated children to the extent required by the latters needs.

PARENTAL PREFERENCE RULE parents are placed first in rank in matters of parental authority

a. SUBSTITUTE PARENTAL AUTHORITY the parental authority which the persons designated by law may exercise over persons and property of unemancipated children in case of death, absence or unsuitability of both parents i. The following persons shall exercise substitute parental authority(Art. 216): (1) The surviving grandparent;(Art. 214) *in case of illegitimate child, only surviving grandparent on the maternal side shall be entitled to exercise substitute parental authority* (2) Oldest brother or sister; over twenty one years of age, unless unfit or disqualified (3) Childs actual custodian, over twenty-one of age, unless unfit or disqualified

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ii. Key Points: It cannot co-exist with parents parental authority (Vancil vs. Belmes, 358 SCRA 707) Order of preference in granting substitute Parental Authority is not mandatory but IF all of those enumerated are equally fit, order must be followed. The father and mother, if suitable is entitled to the custody of the child against all persons, even against the grandmother(Santos, Sr. vs CA, 242 SCRA 407) Persons exercising Substitute parental Authority shall have same rights as those exercised by parents in Art 220 exercised over person of the child only, not to the childs property civilly liable for injuries and damages caused by the acts or omissions of unemancipated children iii. Substitute Parental Authority shall be exercised by heads of childrens homes, orphanages, and similar institutions duly accredited by the proper government agency over: (1) FOUNDLINGS (refers to a deserted or abandoned infant or child whose parents, guardian, olr relatives are unknown; or a child committed to an orphanage or charitable or similar institution with unknown facts of birth and parentage and registered in the civil register. (2) ABANDONED (refers to one who has no proper parental care or guardianship or whose parent(s) has deserted him/her for a period of at least six months and has been judicially declared as such (3) NEGLECTED CHILD (one whose physical/emotional needs have been deliberately unattended or inadequately unattended. b. SPECIAL PARENTAL AUTHORITY - granted by law to certain persons, entities or institutions in view of their special relation to children under their supervision, instruction or custody. i. The following persons may exercise Special Parental Authority whether inside or outside the premises of the school, entity or institution: (1) The school (2) The schools administrators and teachers (3) The individual, entity, or institution engaged in child care

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ii. Liability of person exercising Special Parental Authority: (1) Persons exercising special parental authority are principally liable for damages caused by acts or omissions of minor child (2)Liability of school, administrators and teachers shall be solidary. (2) Parents, judicial guardians or persons exercising substitute parental authority shall be subsidiarily liable iii. Cases when liabilities do not apply: (1)In cases where proper diligence had been observed by persons exercising special parental authority. (2)When negligence is not the proximate cause of the injury. (St. Marys Academy vs. Carpitanos)

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