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Arts. 305-310
FUNERALS
TAMORO, J.
Article 305
The duty and the right to make arrangements for the funeral of a relative shall be in accordance with the order established for support, under Article 294 (now Article 199 of the Family Code). In case of descendants of the same degree, or of brothers and sisters, the oldest shall be preferred. In case of ascendants, the paternal shall have a better right.
TAMORO, J.
Funeral Expenses: money expended in procuring the interment, cremation, or other disposition of a corpse, including suitable monument, perpetual care of burial lot and entertainment of those participating in the wake. (Blacks Law Dictionary, abridged fifth ed., p. 344)
TAMORO, J.
TAMORO, J.
Article 306
Every funeral shall be in keeping with the social position of the deceased.
TAMORO, J.
3. Grave Requirements
1.5 meters deep Cannot burry if water table is less than 2 meters deep
TAMORO, J.
5. Burial of Remains:
City or municipal burial grounds No discrimination (race, gender, nationality, etc.)
6. Medico-legal cases
If death was due to violence/crime, report to authorities.
TAMORO, J.
Article 307
The funeral shall be in accordance with the expressed wishes of the deceased. In the absence of such expression, his religious beliefs or affiliation shall determine the funeral rites. In case of doubt, the form of the funeral shall be decided upon by the person obliged to make arrangements for the same, after consulting the other members of the family.
TAMORO, J.
TAMORO, J.
Article 308
No human remains shall be retained, interred, disposed of or exhumed without the consent of the persons mentioned in Articles 294 (now Article 199 of the Family Code) and 305.
TAMORO, J.
TAMORO, J.
Article 309
Any person who shows disrespect to the dead, or wrongfully interferes with a funeral shall be liable to the family of the deceased for damages, material and moral.
TAMORO, J.
TAMORO, J.
Article 310
The construction of a tombstone or mausoleum shall be deemed a part of the funeral expenses, and shall be chargeable to the conjugal partnership property, if the deceased is one of the spouses.
TAMORO, J.
TAMORO, J.
TAMORO, J.
TAMORO, J.
The Civil Code provisions only refer to lawfully wedded spouses in the term spouse. Cohabiting with Eugenio will not suffice so as to be contemplated as husband and wife. Therefore, since the law contemplates Vitaliana as an unmarried woman, her nearest kin both have the right and the duty to the making of her funeral arrangement.
TAMORO, J.
Title XII
TAMORO, J.
Article 356
Every child: (1) Is entitled to parental care; (2) Shall receive at least elementary education; (3) Shall be given moral and civic training by the parents or guardian; (4) Has a right to live in an atmosphere conducive to his physical, moral and intellectual development.
TAMORO, J.
PRESIDENTIAL DECREE 603: CHILD AND YOUTH WELFARE CODE Pres. Ferdinand E. Marcos, December 10, 1974 Pertinent Provisions:
Article 3: Rights of the Child No distinction as to legitimacy or illegitimacy, sex, social status, religion, political antecedents, and other factors.
Dignity and worth of a human being from conception (art 40) Wholesome family life Well-rounded development of his personality Basic physical requirements To be brought up in an atmosphere of morality Education Wholesome recreation and activities Protection Live in a community conducive to promotion of his health and cultivation of desirable traits Care, assistance, and protection from the state. Efficient and honest government that will deepen his faith in democracy Grow up as a free individual
TAMORO, J.
TAMORO, J.
Article 357
Every child shall: (1) Obey and honor his parents or guardian; (2) Respect his grandparents, old relatives, and persons holding substitute parental authority; (3) Exert his utmost for his education and training; (4) Cooperate with the family in all matters that make for the good of the same.
TAMORO, J.
Rights of the Parents Which the Children Must Respect Article 43: Primary Right of Parents
Company of their children Right and obligation to provide for their upbringing
Article 358
Every parent and every person holding substitute parental authority shall see to it that the rights of the child are respected and his duties complied with, and shall particularly, by precept and example, imbue the child with highmindedness, love of country, veneration for the national heroes, fidelity to democracy as a way of life, and attachment to the ideal of permanent world peace.
TAMORO, J.
Applies to:
Parental Authority Substitute Parental Authority
Liabilities:
Article 58: Torts Article 59: Crimes Conceals or abandons to make the child lose his civil status Abandon Sells or abandons for valuable consideration Neglects by not giving the child education which they can afford Fails or refuses to enroll the child to school Causes, abates or permits truancy Exploitation Cruel and unusual punishment Causes or encourages immorality Possession of deadly weapon Driving without a license Article 60: Penalties 2-6 months imprisonment and or a fine not exceeding 500 pesos
TAMORO, J.
Article 359
The government promotes the full growth of the faculties of every child. For this purpose, the government will establish, whenever possible: (1) Schools in every barrio, municipality and city where optional religious instruction shall be taught as part of the curriculum at the option of the parent or guardian; (2) Puericulture and similar centers; (3) Councils for the Protection of Children; and (4) Juvenile courts.
TAMORO, J.
Article 360
The Council for the Protection of Children shall look after the welfare of children in the municipality. It shall, among other functions: (1) Foster the education of every child in the municipality; (2) Encourage the cultivation of the duties of parents; (3) Protect and assist abandoned or mistreated children, and orphans; (4) Take steps to prevent juvenile delinquency; (5) Adopt measures for the health of children; (6) Promote the opening and maintenance of playgrounds; (7) Coordinate the activities of organizations devoted to the welfare of children, and secure their cooperation.
TAMORO, J.
Article 361
Juvenile courts will be established, as far as practicable, in every chartered city or large municipality.
TAMORO, J.
Article 362
Whenever a child is found delinquent by any court, the father, mother, or guardian may in a proper case be judicially admonished.
TAMORO, J.
Article 363
In all questions on the care, custody, education and property of children the latters welfare shall be paramount. No mother shall be separated from her child under seven years of age, unless the court finds compelling reasons for such measure.
TAMORO, J.
ISSUE:
WoN the father is liable for the childs playful prank
HELD: NO
There is nothing from which it may be inferred that the defendant could have prevented the damage by the observance of due care. It was something that no parent could anticipate no matter how careful. The child was in school where she was in the supervision of the teacher. No legal sanction enforceable but could compensate out of compulsion of moral conscience.
TAMORO, J.
ISSUE:
WoN the mother is entitled to act as trustee of a minor beneficiary of the proceeds of the insurance policy
HELD: YES
What is important is the welfare of the child, who can be better cared for by the mother since she is under her custody. A mother is less likely to betray a fathers trust than an uncle.
TAMORO, J.
USE OF SURNAMES
TORRALBA, J.
OUTLINE OF REPORT:
Parts of a name Rules on the use of surname of a child
Parts of a Name
Given/Proper Name
Given to the individual at birth or baptism; Freely chosen by the parents for the child
Surname/Family Name
Identifies the family to which a person belongs; Fixed by law
Middle Name
Identify maternal lineage of a person; Distinguishes one from others with the same given name and surname
These rules apply even if the mother has divorced the father and is now married to another man.
TORRALBA, J.
Mr. Moore treated the child as if he were the childs real father. Thus, he brought this action in behalf of the child to enable the minor to use the surname Moore.
HELD: Petition denied. Art. 364 of the Civil Code specifically provides that legitimate children shall principally use the surname of their father.
TORRALBA, J.
TORRALBA, J.
TORRALBA, J.
Childs Surname
CHILD
Legitimate Legitimated Conceived before the decree annulling a voidable marriage Illegitimate
SURNAME
Surname of the father Surname of the father Surname of the father Surname of mother. May use surname of father when filiation has been expressly recognized Surname of adopter
TORRALBA, J.
Adopted
c) Her husbands full name, but prefixing a word indicating that she is his wife, such as Mrs.
TORRALBA, J.
Example:
Anne Curtis married Joseph Torralba. Anne may use any of the following names:
a) Anne Curtis Torralba b) Anne Torralba c) Mrs. Joseph Torralba
NOTE: She cannot use Mrs. Anne Curtis for this would be illegal and ungrammatical, the term Mrs. being the abbreviation of Mistress. While she is the mistress of Joseph, she is NOT the mistress of Anne (herself).
TORRALBA, J.
If wife is the GUILTY PARTY = she shall resume her maiden name and surname. If she is the INNOCENT SPOUSE = she may resume her maiden name and surname. However, she may choose to continue employing her former husbands surname, unless: (1) The court decrees otherwise, or (2) She or the former husband is married again to another person.
TORRALBA, J.
TORRALBA, J.
b. that they had for many years now ceased to live together
c. that the continued use of her husbands surname may cause undue confusion in her finances and the eventual liquidation of the conjugal assets
TORRALBA, J.
Held: The change of name cannot be granted. The fact of legal separation alone does NOT justify a change of name, otherwise Art. 372 can easily be circumvented.
TORRALBA, J.
Death of husband
(Art. 373)
A widow may use the deceased husbands surname as though he were still living.
TORRALBA, J.
Illustration
Between ascendants and descendants, the word Junior can be used only by a son.
Son of Joseph Torralba who has the same name shall use Joseph Torralba, Junior.
Illustration
Grandsons and other direct male descendants shall either:
(1) Add a middle name or the mothers surname, (2) Add the Roman numerals II, III, and so on.
Hence, if Joseph Torralba, Junior, who is married to Georgina Wilson, has a son with the same name, such son shall use:
Joseph Christopher Torralba Joseph Wilson-Torralba Joseph Torralba III
Change of name
(Art. 376)
No person can change his name or surname without judicial authority.
Amended by RA 9046 AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER A change of name is a privilege and not a matter of right.
He must show proper or reasonable cause, or any compelling reason, which may justify such change. Otherwise, the request should be DENIED.
TORRALBA, J.
Justifiable Causes:
(a) When the name is ridiculous, tainted with dishonor, or is extremely difficult to write or pronounce; (b) When the request for change is a consequence of a change of status, as when a natural child is acknowledged or legitimated; (c) When the change is necessary to avoid confusion
TORRALBA, J.
Exception: Use of pen names or stage names is permitted. PROVIDED it is done in good faith and there is no injury to third persons.
TORRALBA, J.
TORRALBA, J.
Arts. 381-389
ABSENCE
UNABIA, M.
Arts. 392-396
ABSENCE
VALERA, I.
PRESUMPTION of DEATH
(Art. 390)
VALERA, I.
VALERA, I.
Computation
computation begins from the date of the last news about the absentee is received
VALERA, I.
Jones v. Hortiguela
FACTS: 1914 - Arthur Jones married Marciana Escano; had a child named Angelita 1918 - Jones went abroad 1921 - judicially declared an absentee 1927 - Escano married Felix Hortiguela; subsequently died intestate Upon reaching the age of majority, Angelita Jones contended that she was the only heir to her mother Escano because the latter marriage to Hortiguela was void due to it being celebrated 6 years after her father was declared an absentee.
VALERA, I.
VALERA, I.
Art. 391
People who are to be presumed dead, for all purposes including succession
VALERA, I.
A person on board a vessel which is missing and had not been heard from for 4 years A person in the Armed Forces and has not been heard from for 4 years after taking part in a war
A person who is in danger of death and has not been heard from for 4 years
VALERA, I.
Kinds of Absence
Ordinary
death is presumed to have occurred on the last day of the period (European Rule)
Qualified/Extraordinary
death is presumed to have occurred at the beginning of the period
VALERA, I.
Rule does not apply if the vessel is not lost and instead was destroyed by fire or washed ashore. If it is established that the missing person jumped overboard, and was not heard from since, a preponderance of evidence of death is required.
VALERA, I.
The Workmens Compensation Commission rendered an award in favor of Juan. Victoria contended that Pedro has only been missing for a few months. ISSUE: Whether or not the rule on presumption of death applies.
VALERA, I.
HELD: The rule on presumption of death only applies when the vessel is lost or missing. When it is clear the vessel is destroyed, the rule on preponderance of evidence applies.
VALERA, I.
Art. 392
Reappearance of the absentee or when his appearance is proved
VALERA, I.
Right of Recovery
recovery of property, succession has not taken place Extraordinary Prescription the heir acquired the property not through succession but through prescription may prevent recovery required in view of absence of just title
VALERA, I.
real property : 30 years personal property : 8 years counted from the time heir is in possession in the concept of owner
Fruits or Rents
not to be returned because the recipient is believed to have been a possessor in good faith
VALERA, I.
VALERA, I.
Art. 393
claiming a right pertaining to a person whose existence is not recognized
VALERA, I.
must prove that said person whose existence is not recognized, e.g., presumed dead was alive during the acquiring of the right i.e.: A was presumed dead in 2002. B later claims that he bought a property from A in 2003. B then has to prove that A was still alive in 2002.
VALERA, I.
Art. 394
when the heir is an absentee
VALERA, I.
when a deceaseds heir is declared an absentee or has been presumed to be dead, the heirs, assigns, or representatives of the absentee may claim the property whoever gets the property must make an inventory
* Art. 856 - if the absentee-heir dies before the deceased, the absentee-heir transmits no rights to his heirs
VALERA, I.
Art. 395
Right to claim inheritance by absentee or his representatives
VALERA, I.
Example:
A testator leaves to his three sons a parcel of land. One of the sons was absent during the testators death. The absentees share can be taken by his own heir. In the meantime, the other two sons register the absentees share in their name. If the absentee reappears, he can recover his share from his two brothers. Right of recovery by the absentee can be lost through prescription
VALERA, I.
Art. 396
Right to use the fruits of the property supposedly inherited by the absentee
VALERA, I.
VALERA, I.
Arts. 407-413
VERGARA, D.
Civil Registry
VERGARA, D.
Civil Registry
Created by Act No. 3753 The institution responsible for the recording of acts, events legal instruments and court decrees concerning civil status of person
VERGARA, D.
1. Births
2. Marriages
3. Deaths 4. Legal Separations 5. Annulment of Marriages
VERGARA, D.
Solemnizing officer
Family member / Physician Clerk of the Court & Petitioner Clerk of the Court & Petitioner
Entries
Clerk of the Court & Petitioner Clerk of the Court & Parents
8. Adoptions
9. Acknowledgments of natural children
10. Naturalization
VERGARA, D.
Entries
Clerk of the Court & Petitioner Clerk of the Court & Parents
VERGARA, D.
VERGARA, D.
Cases
Yap vs. Republic of the Philippines
(G.R. No. L-25437. April 28, 1969)
VERGARA, D.
VERGARA, D.
VERGARA, D.
R.A. 9048
AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF JUDICIAL ORDER AMENDING FOR THIS PURPOSE
Section 1
No entry in a civil register shall be charged or corrected without a judicial order, except for clerical or typographical errors and change of first name or nickname
VERGARA, D.
VERGARA, D.
VERGARA, D.
All petitions for the correction of clerical or typographical errors and/or change of first name or nicknames may be availed only once
VERGARA, D.