NOVA TERESA N.

ASOR CIVIL LAW REVIEW

TITLE VI PATERNITY and FILIATION I. FILIATION A. Definition the civil status or relationship of the child to the father or the mother. B. Classification: b.1 By nature legitimate or illegitimate (Art. 163) b.2 By adoption C. Distinction between Legitimate and Illegitimate Legitimate Children Right to bear surname of father Joint authority of parents Illegitimate Children Required to use mothers surname Under the sole parental authority of the mother No such preference

Use of Surname Parental Authority Support

Successional Right

Preferential right to support over mother if father has no sufficient means to meet both claims Entitled to inheritance Entitled to of the legitimate childs inheritance.

II.

LEGITIMATE CHILDREN A. Definition one conceived or born during the marriage of the parents, unless its status is impugned for causes provided for in the law (Art. 164). B. Proof of Filiation (Art. 172)

1. Record of birth appearing in the civil register or a final judgment; 2. Admission of legitimate filiation in a public or private document duly signed by the parent concerned; 3. Open and continuous possession of a legitimate child status; 4. Other means allowed by law. C. Grounds to Challenge the Legitimacy of a Child (Art. 166) 1. Physical impossibility for the husband to have sexual intercourse with his wife within 120 days of the 300 days, which immediately preceded the birth of the child; 2. Presence of proof that for biological and scientific reasons, the child could not have been that of the husband, expect in cases of test-tube babies; 3. In cases of artificial insemination, the written authorization or ratification of either parent was obtained through vitiated consent. NOTE: The action to impugn the legitimacy of the child shall be brought within 1 year from the knowledge of the birth or its recording in the civil register (Art. 170). The action to CLAIM legitimacy may be brought by the child during his lifetime and shall be transmitted to the heirs should the child die during minority or in state of insanity. The heir shall have 5 years within which to institute the action. (Art. 173) D. Rights of Legitimate Children (Art. 174) 1. To bear surnames of the father and mother; 2. To receive support from the parents; 3. To be entitled to legitime and other succesional rights granted by law. III. ILLEGITIMATE CHILDREN A. Definition (Art. 165) Children conceived and born outside a valid marriage.

B. Proof of Filiation (Art. 175) In the same way as that of legitimate children. C. Rights of Illegitimate Children (Art. 176) 1. To use the surname of the mother; 2. To receive support in accordance with law; 3. To be entitled to legtime equivalent to of the legitime of a legitimate child.

IV.

LEGITIMATED CHILD A. Definition (Art. 177) An illegitimate child who is given the rights of a legitimate child provided the following requisites are present: 1. Conceived and born outside wedlock of parents who at the time of the conception of the child were not disqualified by any impediment to marry each other; 2. A subsequent valid marriage between the parents. B. Rights of Legitimated Children (Art. 179) Same as that of legitimate children. NOTE: Express recognition of the child is not a requirement. The effects of legitimation shall retroact to the time of the Childs birth. (Art. 180) C. Legitimation may be impugned only by those who are prejudice in their rights within 5 years from the time their cause of action accrues. (Art. 182)

TITLE VII ADOPTION DEFINITION the process of making a child, whether related or not to the adopter, possess in general the rights accorded to a legitimate child. NATURE OF PROCEEDINGS Adoption proceedings are IN REM, so there must be jurisdiction over the subject matter, the

I.

II.

parties, and the res (the personal status of the-would-be adopter and the-would-be adopted). III. DOMESTIC ADOPTION (R.A. 8552) A. QUALIFICATION OF ADOPTER (Sec. 7) 1. Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a position to support and care for his/her children in keeping with the means of the family. The requirement of sixteen (16) year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee's parent; 2. Any alien possessing the same qualifications as above stated for Filipino nationals: Provided, That his/her country has diplomatic relations with the Republic of the Philippines, that he/she has been living in the Philippines for at least three (3) continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered, that he/she has been certified by his/her diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country, and that his/her government allows the adoptee to enter his/her country as his/her adopted son/daughter: Provided, Further, That the requirements on residency and certification of the alien's qualification to adopt in his/her country may be waived for the following: (i) (ii) (iii) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth (4th) degree of

consanguinity or affinity of the Filipino spouse; or 3. the guardian with respect to the ward after the termination of the guardianship and clearance of his/her financial accountabilities. NOTE: Husband and wife shall jointly adopt, except in the following cases: (i) if one spouse seeks to adopt the legitimate son/daughter of the other; or (ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, However, that the other spouse has signified his/her consent thereto; or (iii) if the spouses are legally separated from each other. B. WHO MAY BE ADOPTED (Sec. 8) 1. Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption; 2. The legitimate son/daughter of one spouse by the other spouse; 3. An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy; 4. A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter(s) as his/her own child since minority; 5. A child whose adoption has been previously rescinded; or 6. A child whose biological or adoptive parent(s) has died: Provided, that no proceedings shall be initiated within six (6) months from the time of death of said parent(s). C. RIGHTS OF AN ADOPTED CHILD (Arts. 189-190) 1. To use the surname of the adopter;

2. To receive support from the adopter; 3. To be entitled to legitime. NOTE: The adopted child shall be deemed a legitimate child of the adopter and shall require the reciprocal rights and obligations arising from the relationship of parent and child. IV. INTER-COUNTRY ADOPTION (R.A. 8043) A. QUALIFICATIONS OF ADOPTER (Sec. 9) Any alien or a Filipino citizen permanently residing abroad if he/she: 1. At least 27 years old and ate least 16 years older than the child to be adopted at the time of the adoption; 2. If married, his/her spouse must jointly file the application; 3. Has the capacity to act and assume all rights and responsibilities of parental authority under his national laws; 4. Has not been convicted of a crime involving moral turpitude; 5. Is eligible to adopt under his/her national law; 6. Is in position to provide the proper care and support and to give the necessary moral values; 7. Agrees to uphold the basic rights of the child as embodied under Philippine laws, UN Convention on the rights of a child, and other rules; 8. From a country with whom the Philippines has a domestic relations and whose government maintains a similarly authorized and accredited agency that adoption is allowed under his /her national laws; 9. Possesses all the qualification and none of the disqualifications provided under the law. B. WHO MAY BE ADOPTED (Sec. 8) Only a legally free child may be the subject of adoption. TITLE VIII SUPPORT I. COMPOSITION (Art. 194) Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family.

II.

PEOPLE TO WHOM SUPPORT MUST COME (Art. 195) 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; 5. Legitimate brothers and sisters, whether full or half blood. NOTE: During the proceedings for Legal Separation or for Annulment or Declaration of Nullity of Marriage, the spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership.

III.

AMOUNT OF SUPPORT (Art. 201) It shall be in proportion to the resources or means of the giver and to the necessities of the recipient. (Art. 202) Support may be reduced or increased proportionately according to the reduction or increase of the necessities of the recipient and the resources or the means of the person obliged to furnish the same.

IV.

WHEN SUPPORT DEMANDABLE (Art. 203) Shall be demandable from the time the person who has right to receive the same needs it for maintenance, but it shall not be paid except from the date of judicial or extrajudicial demand. Support pendent elite may be claimed in accordance with the Rules of Court.

V.

OPTIONS GIVEN TO SUPPORTER (Art. 204) The person obliged to give support is given the following option to fulfill his/her obligations: 1. To pay the allowance fixed; 2. To receive and maintain the recipient in the family dwelling.

NOTE: (Art. 205) The right to receive support as well as money or property obtained as such support shall not be levied upon on attachment or execution. TITLE IX PARENTAL AUTHORITY I. DEFINITION (Art. 209) It is the sum total of the right of the parents over the persons and property of their children. It includes 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. IMPORTANT CONCEPTS A. (Art. 210) Parental authority and responsibility may not be renounced or transferred except in cases authorized by law. B. (Art. 211) The father and 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. C. (Art. 213) In case os separation of the parents, parental authority shall be exercised by the parents designated by the court. No child under 7 years old shall be separated from the mother, unless the court finds compelling reasons to order otherwise. D. (Art. 215) No descendant shall be compelled, in a criminal case, to testify against his parents and grandparents, except when such testimony is indispensable in a crime against the descendant or by one parent against the other. III. EFFECTS A. (ART. 219) Those given special authorities under Arts. 217 and 218 shall be principally and solidarily liable for damages caused by the acts or omissions of the the unemancipated minor. The parents, judicial guardians or

II.

the persons exercising substitute parental authority shall be subsidiarily liable. B. (Art. 221) Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their minor children living in the company and under their parental authority. C. (Art. 226) The property earned by a minor or received gratuitously shall belong to the child in ownership and shall be devoted exclusively to the childs support and education, unless the title or transfer provides otherwise. IV. SUSPENSION (Art. 230 231) 1. Conviction of the parent or person exercising the same of a crime which carries with it the penalty of civil interdiction; 2. The person/parent exercising the same treats the child with excessice harshness or cruelty; 3. Gives the child corrupting orders, counsel, or example; 4. Compels the child to beg; 5. Subjects the child to allow him to be subjected to acts of lasciviousness. V. TERMINATION (Art. 228 - 229) 1. 2. 3. 4. 5. 6. Upon the death of the parents; Upon the death of the child; Upon emancipation of the child; Upon adoption of the child; Upon appointment of a general guardian; Upon judicial declaration of abandonement of the child in a case filed for the purpose; 7. Upon final judgment of a competent court; 8. Upon judicial declaration of absence or incapacity of the person exercising parental authority. TITLE X EMANCIPATION I.