Family rights and obligations

Live together

Observe mutal love respect

Mutual help and support

Fix family domicile

Management of household

Husband and wife can practice any profession without consent of the other provided it is not contrary to
law moral etc

When one party neglects duties or brings shame, can seek relief from courts (Art 72)

Marriage Settlements – Contract for future property regime

Made before celebration, in writing and signed by the parties. It must not prejudice a third person
(unless signed in the civil registry). Settlements fixes terms and conditions of property relations

Modifications during marriage not allowed except:

Modifcations in settlement made after marriage can only occur through: reconciliation after legsep,
abandonement and judicial separation of property

If under 25, need signature of parent or guardian

If no marriage settlement – acp, if before family code – cpg

If void marriage settlement – acp. If before family code – cpg

If first marriage spouse dies and marries another, a complete separation of property will occur in the
first

Donations by reason of marriage(donation proper nuptias) –

made before marriage for the purpose of said marriage in favor of one or both spouses

-if acp, they can donate up to 1/5 of present property. any excess is void

Donation can be void if

-marriage is void

-Without consent
-Legal sep, anulled

Cannot donate during marriage except moderate gifts duing celerbration

Cannot donate to common law wife

Donator can revoke donation if marriage is not celebrated or void or against art 765 (crim offense abuse
etc)

Absolute community Property

Default property regime

Spouses owner of all properties even thouse brought in before marriageby each sppuse

Relevant articles, 75 103, 92(3) 88 89 90 484 485 486 487 488 489 490 491 494495 496 497 498 499 500
501

What constitutes the ACP 91 95 93

All property

Those lost through gambling not part, but those won part

Property acquired during marriage

If there is disagreement between both, husbands decision shall prevail

If one is incapacitated, the other can administer property but cannot encumber or dispose such without
written consent or court order

Excluded

Property through gratuitous title including its fruits and income(unless donor provides otherwise)

For personal and exclusive use

Property acquired from descendants

Jewelry is not personal, part of property

Cjarges and obligations

Support spouse, kids, (illegitimate one half)

Debts and obligations (if debt is before or without consent, it is exclusive unless it benefited the family

Used for self-improvement, educ

All taxes liens and expenses for preservation of family

Antenuptial debts that benifited family

Expenses of litigation of spouses unless suit is groundless

Administration

Both spouses jointly administer in case of disagreement, husband subject to the recouse to the courty
by the wife which must be filed within 5 years

In case of incapacitation, other spouse solely administers property however cannot dispose or
encumbrance without written consent or court order. The transaction shall be void and will be
considered a continuing offer

If spouse abandons or fails to comply with marital obligations, innocent spouse can petition for
receivership, judicial separation of property or sole administration

A spouse is abandoned if 3 months with no intention to return

Termination

Upon death, legsep, annulled/void/judicial separation of property

Effects of termination

Property is liquidated and dissolved, guilty spouse has no right to net profits, goes to common children
instead or conjugal partnership

Reconciliation = separation of property subsists

Dissolution iiquidation and distribution

Inventory prepared listing conjugal and exclusives of each spouse

Debts and obli of the conjugal property shall be paid out of its assets if insufficient, from separate
properties

Remains of separate properties goes to respective spouse

Net remainder shall constitute net assets and will be divided equally unless there was a different
proportion agreed upon
Presumed legitimes shall be delivered upon partition

Conjugal dwelling shall be given to the spouse with whom the majority of children chose to remain. If
under 7, deemed to choose mom

Support shall be given to children during proceedings from the ACP

CPG

Commences at precise moment of marriage

Applicable if marriage is celebreated before family code or agreed upon

Constitutes CPG

Spouses place in a common fund the proceeds products fruits and income from separate properties and
thouse acquired by effort or chance

Upon dissolution, the net gains will be divided equally unless a different agreement in the marriage
settlements

The ff are cpg

Acquired via onerious title at the expense of the common fund

Obtained via labor,effort, work

Fruits,natural

Hidden treasure

Acquired through livestock, occupation, hunting,fishing, chance

Winnings from gambling

Presumption that all property belongs to the CP

Excluded:

Brought into marriage as own

Acquired by gratuitous title unless otherwise provided

Acquired by right or redemption or barter

Purchased with exclusive money

Charges

Support

Debts

Taxes liens

Self improvement

Entenuptial debts

Administration

Every donation during marriage shall be void except moderate gifts

Administration both spouses unless incapacitated etc

If a spouse abandons , other spouse can petition the court

Termination

Upon Death legsep annulled void death judicial separation of property

Termination shall have the following effects:

Property shall be dissolved, net profits will be given to each spouse, if one spouse is guilty, their share
will go to children or the innocent spouse

Steps in liquidiation

Inventory of the cpg assests

Restitution of advances made to each spouse

Payment of debts to each spouse

Payment of obligation to third parties

Delivery of exclusives properties

Payment of losses and detoriation of movables belonging to each spouse

Division of the net conjugal partnership properties

Separation of property:

Granted when: spouse is sentenced with a penalty of civil interdiction, loss of PA, when judicially
declared absent, abandonement or failure of marital obligations, when court grants power of
administration to spouse , spouses are separated in fact for one year and reconciliation seems
improbabale

Family relations

Husband and wife

Parents and kids

Ascendants and descendant

Bros and sis whther half or full blood

No suit shall propeper between any unless earnest efforts between a compromise has been made. If not
void

Family Home

Dwelling where family resides, on the land on which it is situated

It constitutes house and lot, it is exempt from execution, forced sale or attachment (xpnL payment of
taxes, debts priror to constitution of family home, mortgages, debt to laborer, mechanic etc)

Value of family shall not exceed 300k in urban 200k in rural

De mesa v acero: if house constructed before fc, must be constituted judicially or extradicially. If after,
automatically family home. If no judicially or extrajudicially constituted but continues to exist after FC,
still considered a family home by operation of law

Ramos v Pangilinan: if house was built before aug 3, 1989, must be judicially constituted as FH. Judicial
constitution requires a verified petition before the courts and registration of court order before registry
of deed in where the property is located
Versola v ca: right to exemption of forced sale is a personal privilege and can only be granted to the
judgment debtor and not sheriff.

Eulogio v bell: reason why family home is exempt from attachment is for the protection or preservation
of the homestead. A houseless population is burden upon the energy, morals of the community to
which is belong

The family home cannot be seized by creditors except in special cases

Family home may be sold, donated etc with the written consent of perosns living, spouse, majority
benieficiaries of legal age. If conflict, court

Family home still constitutes if one or both spouses dies or if the unmarried head for at least 10 years or
for so long as there is a minor beneficiary, unless the court find compelling reason therefor.

Particio v Dario: to be a beneficiary: must be enumerated in art 154, live in the family home and
dependent for legal support from the head of the family

Cases

Filiation

Four classes of children legitimate, legitimated, illegitimate and adopted

Legitimate

-conceived in a subsequent marriage prior its termination

-born before annulment or nullity

-born of a subsequent marriage

-born during marriage

-born from artificial insemination (provided it was ratified in a written instrument and signed by them)

-legitimated

-adopted

Art 163- filiaation may be by way of adoption

164 – born during marriage – legitimate, artificial semen legitimate

43(1) – subsequent marriage before termination – legitimate

177 – if born outside wedlock, may be legitimated

Ra 8552 – legitimate is entitled to all rights and onligations

Rule 131 or FC 168 if marriage is terminated , and mom contracts another marriage within 300 days:

a child born before 180 days of the subsequent marriage is considered to have been born during the
former marriage, provided it was born 300 days after termination of first marriage

a child born after 180 days of the subsequent marriage is considered to have been born during the
subsequent marriage, provided it was born 300 days after termination of first marriage

174 – action to claim legitimacy may be brought by child during lifetime and can be transmitted by haird
should the child die during minotiry or state of insanity. In this case, they have 5 years

Legitimate children can: bear surname of mom and dad, receive support, entitled to legitime and
successional rights

Cases:

Tan v trocio: a child born during wedlock is presumed to be legitimate unless there was physical
impossibility between mom and dad

Angeles v maglaya: birth certificate without signature of mom and dad not proff of legitimacy

Sayson v ca: birth cert is proof of legitamcy or paternity

Suntay v suntay – born before the termination of marriage, presumed legitimate, therefore heirs can
invoke successional representation

Rivera v ramirez – an adopted child is legitimate

Moore v republic – child of the former marriage cant use surname of subsequent husband

Naldoza v republic – legitimate children are not allowed to discard fathers surname and use mom’s
surname

Legitimated children can:

Bear surname of mom and dad, receive support, legitime and successional rights

Art 177 – children born out of wedlock may be legitimated

Illegitimate

Can use surname of mother, can use surname of dad if filiation is recognized by dad through the record
of birth appearing the civil register, or through open adminssion in a apublic or private handwritten
document, receive support, receive one half of the legitime of that of a legit child, establish illegiiate
filiation

165 – born outside valid marriage is illegitimate

173 – action to claim legitimacy during lifetime. Can be claimed by heirs if child dies during minority or
by insanity but only witin 5 years

172 – legitimacy can be calimed via: record of birth in the civil registrar or admission in public document
or handwritten private instrument

In the absence, can be proven by open and contionus possession of the status of a legitimate child

176 – illegitimate may use surname of mom and under PA of mom.

NCC 345 – rapist shall support child born our of rape and shall acknowledge offspring

Cases

Osemena v rodriguez: cannot have a monopolistic propreitory of the surname

Uyguangoco – not allowed in participation of estate despite open oiessesion because father is dead

Mangulabnan v iac – illegitimate allowed support because of affidavit of mom, 2 witnesses and birth
cert which established status of illegitimate

Brioner v Miguel – born outside a marriage, shall use surname of mom, under her parental authority and
be entitled to support

Montelfalcon – support includes sustenance dwelling clothing medical attendance education transpo
and in keeping with the financial capacity of the family

Go v ramos – legitimates follow nationality of father, illigimates follow mom

People v abella: striking similarities may prove filiation (rape case)

Legitamted
May use surname of mom and dad, receive support and legitime and successional rights

177 – born outside of wedlock may be legitimated

178 – legitimation shall take place by a subsequent valid marriage . annulment of a voidable marriage
does not affect legitimation

180 effects of legitimation retroacts to birth

181 – legitimation of children who died before marriage shal benefit heirs

192 – legitimation may be impugned by those who are prejudiced from the rights, 5 years from the
cause of action

179 – legitimated enjoy same rights as legitimates

Legitimation:

Requires that the child is illegitimate

Parents at the time of marriage were disqualified from marrying each other or were under 18

That there was a valid marriage after birth

Proof of Filiation

Recognition may be compulsory or voluntary

Compusary: rape, seduction or abduction coincides with conception

Continuous possession

Child conceived during cohabitation of spouse

Any other proof that man is child’s father

Voluntary: record of birth

Will

Statement before a court

Authentic writing
GR: Filiation IS established via record of birth appearing in the civil registrar or final judgement or
adminssion in private or public instrument

Abscene can be proven by open an continuous possession. (meaning father treated the child as own
without concealment and a showing of permanent intention to consider the child as own via paternal
affection or care.

Of legitimate children

172 – can be established by record of birth in cil register or admission of legitimate filiation in a public or
private handwritten docuemtn. In the absence thereof, continuous possession of the status of a
legitimate child

173 – legitimation can be brought to action during the lifetime of the child or by his heirs if child dies
during minory or by reason of insanity. But only within 5 years

Cases:

Trinidad: witnesses can be evidence (present during wedding)

Of illegitimate

175 – illegitimates may establish filiation the same way legits do

Who may be legitimated:

Children born out of wedlock to parents who at the time of marriage were not disqualified to any
impediment to marriange o were disqualified only because either or both were under 18

https://www.youtube.com/watch?v=I1fQM3cQnBI

IMPUGNING LEGITIMACY

166 – LEGITACY MAY BE IMPUGNED ONLY IF:

1. it was physically impossible for the husband to have sexual intercourse with wife within the first 120
days of the 300 days of the birth of the child because of physical incapacity, living separately or serious
illness

2. proven via scientific reasons that husband is not the father

3. artificial insemination through force, initimidation, fraud, violence

168 – maarrige is terminated and mom contracted a marriage 300 days after termination of first.

Grounds: Physical Impossibility of husband to have sex with wife within 120 days of the 300 days
preceeding the birth due to physicial incapacity, living separately or serious illness which prevented sex

Scientific proof the child is not the biological child

Written authorization stating that artificial insemination was obtained via fraud

Prescriptive period: 1 year if same city. 2 year, if Philippines, 3 years if abroad

Parties: only husband may impugn unless he dies, then heirs can impugn

Rules to whom the child belongs

First marriage: if child was born before 180 days of the second marriage, provided child born 300 days
after termination of first

Second: if child was born after 180 of second, provided child was born 300 days after termination of first

Adoption

Domestic adoption 8552

Filipino citizen must be of legal age, in a position to support child, good moral character, fill civil
capacity, at least 16 years older than adopted child unless adopter is biological parent or adopter is
spouse of biological parent, not convicted of crime of moral turptitde, emotionally/psychologically
capable of caring,

For aliens the same as fil but must have diplomatic relations with the Phil, has continuously lived in the
Phil for at least 3 years prior to adoption

(unless the adopter is a former filipino who want to adopt within in the 4th civil degree or one who seeks
to adopt legitimate or illegitimate child of filipino spouse or or married a filipino andseeks to adopt
jointly a relative within the 4th civil degree.) certified to have legal capacity to adopt by diplomatic office
and certified by said office to allow adoptee to enter foreign country

Rule on adoption.
Husband and wife adopt jointly

Xpn: one spouse seeks to adopt the legitimate child the other, spouse seeks to adopt illegitimate child or
spouses are legsep

Who may be adopted: under 18, legitimate stepchild, illegitimate stepchild, adult but was considered as
a child by adopter prior to adoption, child whose adoption was previously rescinded, child whose
parents (biological or adopted died_=

Consent
written consent needed from:

Child over 10

Biological parents or government agency

Spouse of the adopter and adoptee

What happens if the adoptee dies during filing of adoption? It will be as if the petition was granted the
date it was filed

Effect of adoption

Severance of legal ties bet. Adopted and biological parents unless adopter is biological parent

Adoptee is considered legitimate

Adopted still has reciprorical rights of sucessions from biological

Who can rescind adoption? Only child. Adopter can only disinherr

Grounds for rescission

Attempt on life on adopted, sexual assult, abandonment/failute to comply parental obligations,

repeated physicial or verbal abuse

If adoption is rescinded, PA is given to DSWD, Reciprocal rights and obligations between two are
extinguished, successional rights revert to its status prior to adoption
Inter country

- Adopter is adopting abroad

Who may be adopted: a legally free child – a child volutarilly or involuntarily surrendered to the DSWD .

The child cannot be adopted if it can be shown that the child can be adopted locally

Who may adopt

Alien or Filipino residing permanently abroad.

At least 27 or 16 years older than child

If married, jointly adopt

Has the capacity to adopt

Not convicted of a crime of moral turpitude

Eligible to adopt under their national law

In a position to support and care for child

Agrees to uphold basic rights of the child

Comes from a country the Philippines has diplomatic relations to

Trial custody: 6 months

SUPPORT: includes everything from sustenance, dwelling, clothing medicine, educ and transpo

Source of support: from acp or cpg. In legal separation, the guilty is suppose to support the innocent.

3 kinds of support

Legal – required by law

Judicial – ordered by court – pendente lite

Conventional – agreement
Support is personal, intramissible, not subject waiver or compensation, exempt from attachment or
execution, reciprocal, variable

Persons obliged to support each other

spouses

Legitimate ascendants and descendants

Parents and their legitimate children

Parents and illeigimtate

Legitimate brothers and sisters whether full or half blood

Order of support

Spouse,

Descendant

Ascendants

Brothers and sisters

When the obligation of support falls upon 2 persons (grandparents on either side), payment shall be
divided in proportion to the resource of each.

Parental Authority

Mom and dad jointly exercise PA. In case of disagreement Fathers decision shall prevail unless court
order

If illegitimate, mother has PA

Parental preference: parents who are of good character and can provide for the child are given custody

In case of legal separation the court will order to whom the child will be given however if the child is
under it is presumed that it has chosen its mother except when the court finds compelling reason to
provide otherwise
Persons substitute PA:

1. Grandparent

2. older sibling over 21 not disqualidied

3. guardian qualified

Special PA

1. School

2. Teachers

3. Entity/Institution engaged in child care

People hving PA is civilly liable for the acts of the kids

Property of the child earned by him or through onerous or gratuitous title shall belong to the child

Sale of the property without consent from child or court order is void

Termination of PA

Death of parent

Death of child

Emancipation of child

Child abuse

Grounds for suspension of PA

Conviction of a crime with civil interdiction

Cruel treatment against the child

Corrupting orders to child

Compelled to be

Acts to lasciviousness
Negligence which is culpable

Funerals

Funeral same order as support

Will be in accordance with the social position of the deceased

In accordance with the expressed wishes of the deceased

In the absence, his religious beleifs

In the abscene, persons in art 199 will decide (order of support)

Surnames

Legitimate, legitimated and adopted will use fathers surname

Illegitimate mother

When can you change first name or nick name RA 9048

When it is ridiculous, or tainted with dishonor or difficult to write or pronounce

New first name has been habitually and continuously use and has been publicly known

New name will avoid confusion