RIGHTS AND OBLIGATIONS BETWEEN HUSBAND & WIFE OBLIGATION OF SPOUSES (Arts. 68-71, FC) 1. Live together 2.

Observe mutual love, respect, and fidelity 3. Render mutual help and support 4. Fix the family domicile. a. In case of disagreement, the court shall decide. 5. Jointly support the family. 6. Manage the household. RIGHTS OF SPOUSES (Arts. 72-73, FC) 1. In case the other spouse neglects his or her duties or commit acts which tend to bring danger, dishonor or injury to the family, the aggrieved party may apply the court for relief. 2. Either spouse may exercise any legitimate profession, without need for consent of the other. a. The other spouse may only object on valid, serious, and moral grounds. b. In case of disagreement, the Court shall decide whether (1) the objection is proper, and (2) benefit has accrued to the family before OR after the objection. i. If BEFORE, enforce obligation against the separate property of spouse who has not obtained consent. ii. If AFTER, enforce obligation against community property USE OF SURNAME 1. Married Women: (Art. 370, CC) A married woman may use: 1. Her maiden first name and surname and add her husband's surname, or 2. Her maiden first name and her husband's surname or 3. Her husband's full name, but prefixing a word indicating that she is his wife, such as Mrs. 2. Widows: A widow may use the deceased husbands surname as though he were still living. (Art. 373, CC) 3. Mistresses: Legamia v IAC G.R. No. 63817 (1984) The Supreme Court allowed the mistress to use her live-in partners name, since everyone already knew that she was a mistress, so as to avoid confusion. 4. Divorcees Tolentino v. CA G.R. No. 41427 (1988) A divorced woman may continue using the surname of her former husband. Philippine laws are silent in this issue. Moreover, there is no usurpation as she never represented herself as Mrs. Arturo Tolentino after the divorce, but simply as Mrs. Consuela David- Tolentino. THE FAMILY FAMILY basic social institution which public policy cherishes and protects hence, no suit between members of the family shall prosper unless compromise between parties has failed. FAMILY RELATIONS INCLUDE: 1. Between husband and wife 2. Between parents and children 3. Among other ascendants and descendants 4. Among brothers and sisters, full or half blood. General Rule: For a suit between members of the same family to prosper, the following are required: 1. Earnest efforts towards a compromise have been made 2. Such efforts have failed 3. Such earnest efforts and the fact of failure must be alleged [NOTE: The case will be dismissed if it is shown that no such efforts were made.] Exceptions to the general rule : a. Civil status of persons, b. Validity of marriage or a legal separation, c. Any ground for legal separation, d. Future support,

e. Jurisdiction of courts, f. Future legitime FAMILY HOME - dwelling place of a person and his family Guidelines: 1. It is deemed constituted from time of actual occupation as a family residence 2. It must be owned by person constituting it 3. It must be permanent 4. Rule applies to valid and voidable and even to common-law marriages under Arts.147 and 148 5. It continues despite death of one or more spouses or unmarried head of family for 10 years or as long as there is a minor beneficiary (Art.159) 6. Can only constitute one family home GENERAL RULE: The family home is exempt from: 1. Execution 2. Forced sale 3. Attachment Exceptions in the exemption of the family home from execution (Art. 156): 1. Nonpayment of taxes. 2. Debts incurred prior to the constitution of the family home. 3. Debts secured by mortgages on the premises before or after such constitution. 4. Debts due to laborers, mechanics, architects, builders, materialmen and others who have rendered service or furnished material for the construction of the building. PERSONS & FAMILY RELATIONS CIVIL LAW Beneficiaries of the family home (Art. 154): 1. Husband and wife, or an unmarried person who is the head of the family 2. Parents (may include parent-in-laws), ascendants, descendants, brothers and sisters (legitimate/illegitimate), who are living in the family home and who depend on the head of the family for support Requisites to be a beneficiary: 1. The relationship is within those enumerated 2. They live in the family home 3. They are dependent for legal support on the head of the family Requirements for the sale, alienation, donation, assignment, or encumbrance of the family home: 1. the written consent of the person constituting it, 2. his/her spouse, and 3. majority of the beneficiaries of legal age [NOTE: If there is a conflict, the Court will decide.] Requisites for creditor to avail of the right under article 160: 1. He must be a judgment creditor; 2. His claim is not among those excepted under Article155, and 3. He has reasonable grounds to believe that the family home is worth more than the maximum amount fixed in Article 157 Procedure to avail of right under Article 160: 1. The creditor must file a motion in the court proceeding where he obtained a favorable for a writ of execution against the family home. 2. There will be a hearing on the motion where the creditor must prove that the actual value of the family home exceeds the maximum amount fixed by the FC either at the time of its constitution or as a result of improvements introduced thereafter its constitution. 3. If the creditor proves that the actual value exceeds the maximum amount the court will order its sale in execution. 4. If the family home is sold for more than the value allowed, the proceeds shall be applied as follows: a. First, the obligation enumerated in Article 155 must be paid b. Then the judgment in favor of the creditor will be paid, plus all the costs of execution c. The excess, if any, shall be delivered

RIGHTS OF LEGITIMATE AND ILLEGITIMATE CHILDREN ILLEGITIMATE 1. To bear the surnames of the father and the mother 2. To bear the surname of their mother [may also use the surname of the father if their filiation has been expressly recognized by the father (R.A. 9255)] 3. To receive support from their parents, their ascendants, and in proper cases, their brothers and sisters, in conformity with the provisions of this Code on Support 4. To receive support in conformity with the Family Code Entitled to the legitime and other successional rights granted to them by the New Civil Code 5. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. LEGITIMATED CHILDREN Legitimation takes place by the subsequent marriage of the childs parents. It confers on the child the rights of legitimate children, and retroacts to the time of the childs birth. REQUISITES FOR LEGITIMATION: 1. The child was conceived and born outside of wedlock; 2. The parents, at the time of childs conception, were not disqualified by any impediment to marry each other 3. There is a valid marriage subsequent to the childs birth. WHO CAN BE LEGITIMATED: 1. Child who is conceived and born outside of wedlock; and 2. At the time of conception, the parents were not disqualified by any impediment to marry each other. [i.e. children of those who are not disqualified by any impediment to marry each other] CHILDREN OF FOLLOWING CANNOT BE LEGITIMATED (BECAUSE OF IMPEDIMENT): 1. Adulterous relationships 2. Incestuous relationships 3. Bigamous relationships 4. Void marriages by reasons of public policycunder Art. 38 RIGHTS: Legitimated children shall enjoy the same rights as legitimated children (Art. 179) RETROACTIVITY: The effects of legitimation shall retroact from the time of the childs birth. (Art. 180) DEATH OF CHILD: When the child dies before the celebration of the marriage, their legitimation shall benefit their descendants. (Art. 181) IMPUGNING: Only those who are prejudiced by their rights, within five years from the time of the cause of action accrues. (Art. 182) KINDS OF SUPPORT 1. Legal that which is required to be given by law 2. Judicial that which is required to be given by court order whether pendent elite or in a final judgment 3. Voluntary or Conventional by agreement CHARACTERISTICS OF SUPPORT: 1. Personal 2. Intransmissible 3. Not subject to waiver or compensation with regard to future support 4. Exempt from attachment or execution 5. Reciprocal on the part of those who are by law bound to support each other 6. Variable WHO ARE OBLIGED TO SUPPORT EACH OTHER: 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 full or half-blood. ORDER OF SUPPORT (IF 2 OR MORE ARE TO GIVE SUPPORT): 1. Spouses 2. Descendants, nearest in degree

3. Ascendants, nearest in degree 4. Brothers and Sisters PARENTAL AUTHORITY PARENTAL AUTHORITY (PATRIA POTESTAS): The mass of rights and obligations which parents have in relation to the person and property of their children until their emancipation, and even after this under certain circumstances (Manresa). PARENTAL AUTHORITY INCLUDES: 1. The caring for and rearing of children for civic consciousness and efficiency; 2. The development of the moral, mental and physical character and well-being of said children RULES AS TO THE EXERCISE OF PARENTAL AUTHORITY: 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 (Art.211) 2. If the child is illegitimate, parental authority is with the mother. CHARACTERISTICS OF PARENTAL AUTHORITY: 1. It is a natural right and duty of the parents (Art. 209) 2. It cannot be renounced, transferred or waived, except in cases authorized by law (Art 210) 3. It is jointly exercised by the father and the mother (Art. 211) 4. It is purely personal and cannot be exercised through agents 5. It is temporary PERSONS & FAMILY RELATIONS CIVIL LAW 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. WHO EXERCISES AUTHORITY IN CASES OF DEATH, ABSENCE, REMARRIAGE, OR SEPARATION OF PARENTS: In case one parent is absent or already dead, the present or surviving parent Remarriage shall not affect the parental authority over the children In case of separation of parents, the parent designated by the court. Innocent spouse gets custody of minor children. 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. TENDER YEARS PRESUMPTION: NO child under 7 years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise. Examples of compelling reasons are: o When the mother is insane; o with a communicable disease that might endanger the life or health of the child; o or is maltreating the child. [NOTE: Prostitution or infidelity to husband does not make a mother unfit as parent.] SUBSTITUTE PARENTAL AUTHORITY EXERCISED BY (IN ORDER): 1. The surviving grandparent 2. Oldest brother or sister, over 21 years old, unless unfit or unqualified. 3. Childs actual custodian, over 21 years old, unless unfit or unqualified SPECIAL PARENTAL AUTHORITY EXERCISED BY: 1. School, its administrators and teachers, or 2. The individual, entity or institution engaged in child care. LIABILITY OF THOSE EXERCISING SPECIAL PARENTAL AUTHORITY OVER THE CHILD: 1. They are principally and solidarily liable for damages caused by the acts or missions of the child while under their supervision, instruction or custody. HOWEVER, this liability is subject to the defense that the person exercising parental authority exercised proper diligence. 2. The parents and judicial guardians of the minor or those exercising substitute parental authority over the minor are subsidiarily liable for said acts and omissions of the minor. Substitute The special parental authority and responsibility applies to all authorized activities, whether inside or outside

the premises of the school, entity or institution.

EFFECTS OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILD: The Father and Mother shall jointly exercise legal guardianship over the property of the minor child without court appointment In case of disagreement, the fathers decision shall prevail, unless there is judicial order to the contrary If the market value of the property or the annual income of the child exceeds P50,000, the parent is required to furnish a bond of not less than 10% of the value of the childs property or income GROUNDS FOR SUSPENSION OF PARENTAL AUTHORITY (CLEBC): 1. Conviction of parent for crime without civil interdiction 2. Treats child with excessive harassment and cruelty 3. Gives corrupting orders, counsel or example 4. Compels child to beg 5. Subjects or allows acts of lasciviousness PARENTAL AUTHORITY TERMINATES: 1. Upon death of parents 2. Upon death of child 3. Upon emancipation of child 4. If the parents exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse RIGHTS OF PARENTS UPON THEIR CHILDREN: To have them in their custody & FAMILY RELATIONS CIVIL LAW To represent them in all matters affecting their interests Demand respect and obedience and impose discipline on them Administer their property and income to support the child and the family To give or withhold consent on marriage, pre-nuptial, donation propter nuptias, adoption, and employment To disinherit them for just cause DUTIES OF PARENTS UPON THEIR CHILDREN: Support and upbringing in accordance to their means Educate, instruct, and provide them with moral and spiritual guidance, and love and understanding Defend them against unlawful aggression Answer for damages caused by their fault or negligence, and for civil liability for crimes committed by them Give their lawful inheritance RIGHTS OF CHILDREN: [ART. 356, NCC] parental care receive at least elementary education be given moral and civil training by parents or guardian live in an atmosphere conducive to his physical, moral, and intellectual development [ART.3, PD603] to be born well right to a wholesome family life right to a well-rounded development right to a balanced diet, adequate clothing, shelter, proper medical attention, and all basic physical requirements of a healthy life raised in an atmosphere of morality and rectitude education commensurate to his abilities full opportunities for a safe and wholesome recreation protection against exploitation and other bad influences right to the care, assistance and protection of the State right to an efficient and honest government right to grow up as a free individual DUTIES OF CHILDREN: [ART.357, NCC] obey and honor his parents or guardian respect old relatives and persons holding substitute parental authority

 exert his utmost for his education and training