PRE-FINALS REVIEWER | ATTY.

JOSEPH RANDI TORREGOSA | ANA ANGELES AND ADRIAN VARGAS

THE FAMILY (ART. 149-162) EXCEPTION TO QUALIFICATION (6): May be waived

when adopter is the biological parent OR spouse of
Family Relations (Article 150) adoptee’s parent.
The following shall be included as family b. Alien adopter
relations. (1) The same qualifications as a Filipino
(a) Between husband and wife. adopter.
(b) Parents and children. (2) Country has diplomatic relations with
(c) Among ascendants and descendants. the Philippines.
(d) Among brothers and sisters, whether of full (3) Living in the Philippines for at least 3
blood or half-blood. CONTINUOUS YEARS prior to filing of
the application AND maintains
Non-Suability of Family Members (Article 151) residency until adoption decree is
entered.
None of the family members in the article (4) Certified by his/her diplomatic and
listed above can sue each other. consular office or any appropriate
EXCEPTION: Unless earnest compromise was already government agency that he/she has
made by the family members, but it failed. If there is the legal capacity to adopt in his/her
none present, then the case MUST be dismissed. own country.
(5) His/her government allows the
EXCEPTION TO THE EXCEPTION: If the suit includes a adoptee to enter his/her country as
family member AND an individual who is NOT part of his/her adopted child.
the family, then the suit may continue EVEN WITHOUT
earnest compromise. EXCEPTION TO QUALIFICATION (3): It may be
waived for the following:
Rationale: The stranger is not of the same family. Thus,
the interest of such stranger may be different from the (1) Former Filipino citizen who seeks to adopt a
interest of the members from the same family. relative within the 4th degree of consanguinity
and affinity.
EXCEPTION TO THE EXCEPTION: Earnest (2) One who seeks to adopt legitimate
compromise is not required in cases THAT IS NOT son/daughter of his/her Filipino spouse.
SUBJECT TO COMPROMISE. Under Article 2035 of the (3) One who is married to a Filipino citizen and
Civil Code, these include: seeks to adopt jointly with his/her spouse a
relative within the 3th degree of
(a) Civil status of persons consanguinity or affinity of the Filipino
(b) Validity of a marriage spouse.
(c) Validity of a legal separation
(d) Future support Note: The waiver is not automatically imposed. It is
(e) Jurisdiction of courts clearly discretionary.
(f) Future legitimes
HUSBAND AND WIFE SHALL JOINTLY ADOPT,
ADOPTION (EFFECTS AND CONSEQUENCES) EXCEPT:

Domestic Adoption Act of 1998 (RA 8552) (1) One spouse seeks to adopt the legitimate
son/daughter of the other.
I. Qualifications of an Adopter (2) One spouse seeks to adopt his/her own
a. Filipino adopter illegitimate son/daughter. PROVIDED, other
(1) Legal age (18 years old) possession of spouse has signified his/her consent to it.
full civil capacity. (3) Spouses are legally separated from each
(2) Good moral character. other.
(3) Has not been convicted of any crime
involving moral turpitude. II. Qualifications to be Adopted
(4) Emotionally and psychological capable
of caring of children (1) Any person below eighteen (18) years old who
(5) At least sixteen (16) years older than has been administratively or judicially
the adoptee. declared available for adoption.

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PRE-FINALS REVIEWER | ATTY. JOSEPH RANDI TORREGOSA | ANA ANGELES AND ADRIAN VARGAS

(2) Legitimate son/daughter of one spouse by or equally. Free portion divided equally as
the other spouse. well.
(3) Illegitimate son/daughter by a qualified  Adoptee and illegitimate child – ½ to the
adopter to improve his/her status to adoptee, 1/4th illegitimate child. (Balance of ¼
legitimacy. shall divide between adoptee and illegitimate
(4) A person of legal age, if prior to the adoption, child using a 2:1 ratio in favor of adoptee).
said person has been consistently considered  Adopter and biological parents of adoptee –
and treated by the adopter(s) as his/her own adopter gets ½ of estate as legitime and the
child since minority. other half which is the free portion. NOTHING
(5) A child whose adoption has been previously GOES TO BIOLOGICAL PARENTS IN
rescinded. INTESTATE SUCCESSION.
(6) A child whose biological or adoptive parent(s)  Adopter and legitimate children of the adoptee
has died; PROVIDED: no proceedings shall be – Only children inherit estate. Adopter is
initiated WITHIN six months from the time of excluded.
death of said parent.  Adopter and illegitimate children of adoptee –
adopter gets ½ of the estate. Other half goes
III. Consent to Adoption to illegitimate children (Article 991 of CC).

(1) Adoptee, if 10 years of age or older. b. Testate succession:

(2) Biological parents of the child, if known, or the  All laws on testamentary succession shall
legal guardian, or proper government apply. Testate succession is when the
instrumentality which has legal custody of the decedent leaves a will to govern the
child. disposition of his/her properties after death.
(3) Legitimate and adopted sons/daughters 10  Adopted child only survivor – ½ of estate of the
years old or above, of the adopter(s) AND decedent.
adoptee.  Legitimate child and adoptee – share ½ the
(4) Illegitimate children, 10 years old or above IF estate of the decedent.
living with said adopter and his/her spouse.  Illegitimate child and adoptee – Illegitimate
(5) Spouse of the person adopting or to be child gets ½ of what the adoptee gets (Art.
adopted. 176 of FC)
 Adoptee and parents of the adopter – Adoptee
IV. Effects of Adoption excludes parents of the adopter.

(1) Legal ties between biological parent(s) will be If there is a free portion left from the estate of the
severed and the same shall be vested on the decedent-adoptee, he/she can give it to his/her
adopter(s). biological parents IF it is stipulated in his/her will.

EXCEPTION: biological parent is the spouse of RIGHT OF REPRESENTATION

adopter. (Parents have joint parental authority The only difference between a legitimate child and an
over their common children). adopted child is the right of representation. A
(2) Adoptee will be considered the legitimate legitimate child has the right of representation, while
son/daughter of the adopter. an adopted child does not.
(3) In cases of succession, the adopter and Right of representation contemplates a situation where
adoptee have reciprocal rights of succession the parents of the child die before the child does. In this
without distinction from legitimate filiation. circumstance, the legitimate son has the right of
Situations contemplated: representation to inherit from his grandfather,
inheriting what his father would have inherited had he
a. Intestate succession: still been alive.
 Adopter survived only by adoptee – inherits the
whole of the estate. However, an adopted child does not have the right of
 Adopter survived by adoptee and legitimate representation as he/she only has a relationship with
child – collective legitime is divided one-half the adopter. It is a relationship limited by statute, and

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PRE-FINALS REVIEWER | ATTY. JOSEPH RANDI TORREGOSA | ANA ANGELES AND ADRIAN VARGAS

the law does not provide the adoptee with any right of (4) Has the capacity to act and assume all
representation. rights and responsibilities of parental
authority under his national laws and
V. Grounds for Rescission of Adoption undergone appropriate counseling from
accredited counselor in his country.
(1) Repeated physical and verbal maltreatment (5) Has not been convicted of a crime
by adopter(s) despite undergoing counseling. involving moral turpitude.
(2) Attempt on life of adoptee (6) Eligible to adopt under his/her national
(3) Sexual assault or violence. law.
(4) Abandonment (7) In a position to provide the proper care
(5) Failure to comply with parental obligations. and support and to give the necessary
Who has the legal personality to rescind adoption? moral values.
(8) Agrees to uphold basic rights of child
ONLY the adoptee is given legal standing to rescind an according to Philippine laws, UN
adoption decree. The only legal remedy for an adopter Convention on the Rights of the Child.
is to disinherit his/her adoptee (grounds for (9) Comes from a country with whom the
disinheritance is found in Art. 919 of CC). Philippines has diplomatic relations with
and government maintains similarly
 IF minor, assistance from DSWD is needed. authorized and accredited agency and
 If exactly 18 years old, the law still requires that adoption is allowed under his/her
assistance from DSWD. laws.
 Over 18 but incapacitated, DSWD acts as (10) Possesses all the qualifications and none
guardian or counsel. of the disqualifications provided in this
 Over 18 and capacitated, he/she can file an act and in other applicable Philippine
action for rescission without the assistance of laws.
DSWD.

EFFECTS OF RESCISSION II. Qualifications of an Adoptee

(1) Only a legally free child may be subject
 Biological parent(s) if known or legal custody of to inter-country adoption, specifically:
the Department is restored IF still a minor or (2) Child who has been voluntarily or
incapacitated. involuntarily committed to the
 Reciprocal rights and obligations of adopter(s) department as dependent, abandoned,
and adoptee are extinguished. or neglected.
 Successional rights revert to its status prior to
adoption, but only as of the date of judicial III. Where to File Application
rescission. Vested rights that were already
acquired prior to rescission shall be respected. The application for adoption to adopt the
child shall be with the Philippine Regional Trial
Inter-country Adoption Act of 1995 (RA 8043) Court that has jurisdiction over the child. Or
with the Board through an intermediate
I. Qualifications of an Adopter (Filipino and agency.
Alien)
(1) Any FILIPINO or ALIEN permanently NOTE: This only applies to the APPLICATION FOR
residing abroad may file an application ADOPTION, NOT THE ACTUAL PETITION FOR
for inter-country adoption of a Filipino ADOPTION. The job of the RTC or the Inter-Country
child with the qualifications found Board is merely clerical in nature.
below.
(2) At least 27 years old and at least 16 years The actual petition for adoption must be filed with the
older than child to be adopted. appropriate court in the country of the adopter. The
decree of adoption is given by the appropriate court of
EXCEPTION: Adopter is parent by nature of child to be the country of the adopter, not the RTC in the
adopted or spouse of such parent. Philippines.

(3) If married, his/her spouse must jointly

file for the adoption.

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PRE-FINALS REVIEWER | ATTY. JOSEPH RANDI TORREGOSA | ANA ANGELES AND ADRIAN VARGAS

FINAL COMMENTS FROM ATTY. TORREGOSA ORDER OF LIABILITY

The Inter-Country Adoption Act is the last resort. It The order of liability contemplates a situation where
should only be used when the Domestic Country the dependent has two or more people that are obliged
Adoption Act cannot be applied. So, diligent effort to give support to him/her. He/she cannot
must be exerted to apply the domestic adoption law indiscriminately ask for support from any of the two.
before moving on to inter-country adoption. The inter- The order of liability should be observed. The order is
country adoption act only acts to supply the deficiency the one found above.
in the domestic act law.
For descendants and ascendants, it should be the
SUPPORT descendant or ascendant to the nearest degree. If they
are of the same degree, all of them shall give support
I. What Support Comprises Of in equal proportion, meaning the richer
ascendant/descendant should give more than the
 It comprises of everything indispensable for poorer one.
sustenance, dwelling, clothing, medical
attendance, education, and transportation in Situation: If person obliged has two or more people to
complying with the financial capacity of the support, how will he give support?
family.
The order of preference is followed as the one above.
II. Persons Obliged to Support Each Other You give all the support needed, but you give to those
(1) Spouses who are prioritized. Do not allocate proportionately,
(2) Legitimate ascendants and support as much as is needed.
descendants. EXCEPTION: In the ordinary order of preference, it is
(3) Parents and their legitimate children the spouse and then the descendant. However, if the
and the legitimate and illegitimate descendant is the supporter’s child, the child will take
children of the latter. precedence over the spouse. That is if the money is not
(4) Parents and their illegitimate enough to support both.
children and the legitimate and
illegitimate children of the latter. III. When is Support Demandable?
(5) Legitimate brothers and sisters,
whether of full or half-blood. Support is demandable from the moment it arises.
Note: Illegitimate brothers and Support may only be payable upon judicial or
sisters are still obliged to support extrajudicial demand.
each other, but not when the need Example: A was the girlfriend of B and they had a child
for support arises when the brother C. B made a promise to marry A, but he breached his
or sister who is of legal age and the promise to marry. A promised on her mother’s grave
need for support arises out of that she would never ask for support from B. So, for 5
negligence or fault. years, she kept true to her word, being the only one
Note: Support for the people listed supporting their child. However, on the 5th year, she
above except spouses and common became broke and could no longer support her child.
children (or legitimate children of That is why she asked her husband for support. The
either spouse) shall come out of the question is can she ask for support in arrears from the
separate property of the one who is 1st to 5th year?
obliged to give support. However, if
the absolute community of property She cannot because support only became demandable
or conjugal partnership of gains is upon the 5th year. So, support was not needed in those
financially capable, it will be years as she was able to support her child. However, if
deducted from the share of the the court decision went up until the 10th year, A can ask
spouse who is liable for support for support in arrears starting from the 5th year to the
upon liquidation of the property 10th year because that was when support became
regime. demandable.

Note: Emancipation is not a reason to decline legal

support.

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PRE-FINALS REVIEWER | ATTY. JOSEPH RANDI TORREGOSA | ANA ANGELES AND ADRIAN VARGAS

PARENTAL AUTHORITY *Father’s subsequent separation does not mean a

renunciation. Once parental authority is vested cannot
(ARTS. 209-233) be waived.

Art. 209: Pursuant to the natural right and duty of Art. 176 vs. Art. 211
parents over the person and property of their
Art 176: says that custody of an illegitimate child
unemancipated children, parental authority and
should always be with the mother.
responsibility shall include the caring for and
rearing them for civic consciousness and efficiency Art 211: states that the mother and the father exercise
and the development of their moral, mental and joint parental authority – including joint custody.
physical character and well-being. Husband’s decision prevails, but wife has remedy to file
an action in court. Husband has all the right to take
 Parental authority presupposes that the child is still
custody of the child as long as wife does not file a case.
minor.
This does not specify whether illegitimate or legitimate.
 There is no parental authority if one is already of
age. According to Sta. Maria, Article 176 applies when:
 What is contemplated by law as subject to parental
 The child is illegitimate.
authority are minors.
 The paternity is not certain.
Art. 210: Parental authority and responsibility may
Atty T: If the child is illegitimate, the authority should
not be renounced or transferred except in the cases
authorized by law. be with the mother. Or even if the child’s paternity is
established and certain, but the father is not living with
 Parental authority and responsibility cannot be the mother and the illegitimate child, 176 applies.
renounced or transferred. Article 213 applies when:
 EXCEPT: when provided by law (Cases of
adoption, guardianship and surrender to a 1. Paternity is certain
children’s home or orphanage) 2. Illegitimate is living with the father and
 When a parent gives authority to another it merely mother who are cohabiting without the
temporary custody not renunciation. benefit of marriage.

Art. 211: The father and the mother shall jointly In case of dispute, the husband’s decision prevails. But
exercise parental authority over the persons of their the mother can always go to court to question the
common children. In case of disagreement, the decision of the father.
father's decision shall prevail, unless there is a
 When the dispute is with the court, the court must
judicial order to the contrary.
consider the age of the child.
Children shall always observe respect and reverence
towards their parents and are obliged to obey them Tender age presumption: No child below 7 shall be
as long as the children are under parental authority. separated from the mother.

REQUISITES FOR IT TO APPLY TO ILLEGITIMATE: The court is required by law to consider this principle.
The court should award the custody of child to the
1. Paternity is known or the father is certain. mother, except if the mother is unfit. If the child is
above 7, or 7 and above, the law also requires the court
2. Illegitimate is living with the father and mother who
to consider the choice of a child, except if the parent
are cohabiting without the benefit of marriage.
chosen is unfit. If the child happens to be 7 or above,
(If one of the requisites is missing, only mother has it’s the choice of the child that is given consideration.
parental authority)
Art. 212: In case of absence or death of either
parent, the parent present shall continue exercising
parental authority. The remarriage of the surviving

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PRE-FINALS REVIEWER | ATTY. JOSEPH RANDI TORREGOSA | ANA ANGELES AND ADRIAN VARGAS

parent shall not affect the parental authority over exercise substitute parental authority over the child
the children, unless the court appoints another in the order indicated:
person to be the guardian of the person or property
1. The surviving grandparent, as provided in Art.
of the children.
214;
 If a spouse dies, the other spouse still has
2. The oldest brother or sister, over twenty-one
parental authority.
years of age, unless unfit or disqualified; and
 Remarriage does not affect the parental
authority of the parent. 3. The child's actual custodian, over twenty-one
 Lesbianism not a ground to deprive of years of age, unless unfit or disqualified.
custody.
Whenever the appointment or a judicial guardian
 New spouse does not get parental authority
over the property of the child becomes necessary,
by the fact of marriage. New spouse must
the same order of preference shall be observed.
adopt the children to have parental authority.
 The list is merely a guideline, fitness,
Art. 213: In case of separation of the parents,
capabilities, etc must still be considered.
parental authority shall be exercised by the parent
 Order is not mandatory: paramount interest
designated by the Court. The Court shall take into
account all relevant considerations, especially the is considered.
choice of the child over seven years of age, unless
Art. 217: In case of foundlings, abandoned
the parent chosen is unfit.
neglected or abused children and other children
 In case of separation the court shall designate a similarly situated, parental authority shall be
parent to have parental authority (taking into entrusted in summary judicial proceedings to
consideration choice of those 7 and above) heads of children's homes, orphanages and similar
 No child below 7 shall be separated from mother institutions duly accredited by the proper
unless there is compelling reason not to do so. government agency.
(Age is considered from when the decision is made Art. 218: The school, its administrators and
or when custody is given) teachers, or the individual, entity or institution
 Custody may also be given to 3rd persons if the engaged in child are shall have special parental
situation so warrants. authority and responsibility over the minor child
while under their supervision, instruction or
Art. 214: In case of death, absence or unsuitability custody.
of the parents, substitute parental authority shall
be exercised by the surviving grandparent. In case Authority and responsibility shall apply to all
several survive, the one designated by the court, authorized activities whether inside or outside the
taking into account the same consideration premises of the school, entity or institution.
mentioned in the preceding article, shall exercise
Art. 219: Those given the authority and
the authority.
responsibility under the preceding Article shall be
Art. 215: No descendant shall be compelled, in a principally and solidarily liable for damages caused
criminal case, to testify against his parents and by the acts or omissions of the unemancipated
grandparents, except when such testimony is minor. The parents, judicial guardians or the
indispensable in a crime against the descendant or persons exercising substitute parental authority
by one parent against the other. over said minor shall be subsidiarily liable.

SUBSTITUTE AND SPECIALPARENTAL The respective liabilities of those referred to in the

AUTHORITY preceding paragraph shall not apply if it is proved
that they exercised the proper diligence required
Art. 216: In default of parents or a judicially under the particular circumstances.
appointed guardian, the following person shall

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PRE-FINALS REVIEWER | ATTY. JOSEPH RANDI TORREGOSA | ANA ANGELES AND ADRIAN VARGAS

All other cases not covered by this and the preceding the convenience. In terms of liability, it’s the student
articles shall be governed by the provisions of the who is held liable. It’s only for facility of collection. It
Civil Code on quasi-delicts. makes sense because a student who is already of age
possesses all his civil rights and faculties, so he should
 Those given special authority shall be principally
be liable for his own actions.
and solidariliy liable (civil liability) for damages
caused by the acts or omissions of the minor. *REFER TO STA. MARIA REVIEWER FOR:
(Must be teacher in charge etc).
1. EFFECT OF PARENTAL AUTHORITY UPON THE
 Parents or those who have substitute parental
PROPERTY OF THE CHILDREN
authority shall be subsidiarily liable (if persons with
special authority cannot cover the liability) 2. SUSPENSION OR TERMINATION OF PARENTAL
 Under Art. 2180, teachers etc can still be held liable AUTHORITY
when children are not anymore minors subject to 3. EMANCIPATION AND AGE OF MAJORITY
the defense of proper diligence.
FUNERALS
Rule: If the minor child causes damage to another, the
damage caused by a child is demandable/chargeable (ARTS. 305-310)
against the parents, if child is living with them and
Art. 305. The duty and the right to make
under their custody. The primary liability is with the
arrangements for the funeral of a relative shall be
parents whose child is living with them. This is a
in accordance with the order established for
requisite.
support, under Article 294. In case of descendants of
What happens if the child or the minor child causes the same degree, or of brothers and sisters, the
damage in the course of a school-sanctioned activity? oldest shall be preferred. In case of ascendants, the
paternal shall have a better right.
The rule is the so-called special parental authority
being exercised by the school under teachers. In case  Order of Preference (Order established for
of damage by a student under a school sponsored support):
activity, primary liability is with the school and the 1. Spouse
teachers-in-charge. The school, administrator, and 2. Descendants in the nearest degree
teacher-in-charge are primarily and solidarily liable. 3. Ascendants in the nearest degree
The victim may go to the three or either of them. Those 4. Brothers and sisters
who paid the liability are also given the right to be
reimbursed by the others. Art. 306. Every funeral shall be in keeping with the
social position of the deceased.
Art. 218 FC and Art 2180 & 2181 CC
Art. 307. The funeral shall be in accordance with the
Art. 218: The school, etc, has the primary liability.
expressed wishes of the deceased. In the absence of
Art. 2180 and Art. 2181: the liability caused by the such expression, his religious beliefs or affiliation
person responsible for the damage may be enforced shall determine the funeral rites. In case of doubt,
against persons having authority over them. the form of the funeral shall be decided upon by the
person obliged to make arrangements for the same,
How do we reconcile 218 and 2180 and 2181 as to after consulting the other members of the family.
the right to demand reimbursement?
 Wish of the deceased shall be mainly
Sta Maria said that to reconcile is to limit 218 of the FC followed.
to a situation where the student who caused the  In the absence of such wish, his or her
damage is under 18 because 218 speaks of a minor. But
religious beliefs or affiliation shall determine
if the student happens to be of age, 18 or above, you
the funeral rights.
apply 2180 and 2181, therefore, that student who is
already of age suffers liability. School is only paying for

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PRE-FINALS REVIEWER | ATTY. JOSEPH RANDI TORREGOSA | ANA ANGELES AND ADRIAN VARGAS

 In case of doubt of his or her religious beliefs, ascertain whether the same has been registered,
the form of the funeral shall be decided by and if this has not been done, to send a copy of said
persons obliged to make the arrangements. decree to the civil registry of the city or municipality
where the court is functioning. (n)
Art. 308. No human remains shall be retained,
BOOKS OF CIVIL REGISTER ARE PUBLIC
interred, disposed of or exhumed without the
DOCUMENTS
consent of the persons mentioned in articles 294
and 305. Art. 410. The books making up the civil register and
all documents relating thereto shall be considered
Art. 309. Any person who shows disrespect to the
dead, or wrongfully interferes with a funeral shall public documents and shall be prima facie evidence
of the facts therein contained.
be liable to the family of the deceased for damages,
material and moral.  Books of civil register shall be open to public
Art. 310. The construction of a tombstone or during office hours and shall be kept in a suitable
mausoleum shall be deemed a part of the funeral safe which shall be furnished to the local civil
expenses, and shall be chargeable to the conjugal registrar at the expense of the general fund of the
partnership property, if the deceased is one of the municipality concerned.
spouses.  The LCR shall not permit any document to be
removed from his office, except by a court order.
Liability of Conjugal Partnership:

If the deceased is married, the tombstone or

mausoleum shall be deemed a part of the funeral
GENERAL RULE: Any correction or change in the entry
expenses and shall be chargeable to the conjugal
in the LCR can only be done through COURT ACTION.
partnership property.
TYPOGRAPHICAL OR CLERICAL ERROR:
CORRECTION OF ENTRIES IN CIVIL
REGISTER A clerical or typographical error refers to an obvious
mistake committed in clerical work, either in writing,
ACTS, EVENTS, AND MATTERS TO BE copying, transcribing, or typing an entry in the civil
REGISTERED register that is harmless and innocuous, such as a
misspelled name or misspelled place of birth and the
Art. 408. like, and can be corrected or changed only by reference
to other existing record or records.
The following shall be entered in the civil register:
(1) Births; (2) marriages; (3) deaths; (4) legal ENTRIES THAT REQUIRE JUDICIAL PROCEEDING:
separations; (5) annulments of marriage; (6)
judgments declaring marriages void from the 1. SURNAME
beginning; (7) legitimations; (8) adoptions; (9) 2. NATIONALITY
acknowledgments of natural children; (10) 3. STATUS
naturalization; (11) loss, or (12) recovery of 4. YEAR IN THE DATE OF BIRTH
citizenship; (13) civil interdiction; (14) judicial 5. SEX
determination of filiation; (15) voluntary
emancipation of a minor; and (16) changes of ENTRIES THAT REQUIRE ADMINISTRATIVE
name. PROCEEDING:

DUTY OF CLERK OF COURTS 1. FIRST NAME

2. NICKNAME
Art. 409. In cases of legal separation, adoption,
3. MONTH AND DAY OF BIRTH
naturalization and other judicial orders mentioned
in the preceding article, it shall be the duty of the
clerk of the court which issued the decree to

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