PERSONS AND FAMILY RELATIONS PROOF OF DEATH (43)

 If there is a doubt, as between two or more persons who are called to

A. NATURAL PERSONS succeed each other, as to which of them died first:
CAPACITY TO ACT (37) – power to do acts with legal effect; is acquired  Who ever alleges the death of one prior to the other, shall prove
and may be lost (restricted) the same
RESTRICTIONS: (38) (do not exempt from certain obligations, as when the  In the absence of proof, it is presumed that they died at the same
latter arise from his acts or from property relations, such as easements. time and there shall be no transmission of rights from one to the
1. Minority other
2. Insanity or imbecility
3. The state of being deaf-mute B. JURIDICAL PERSONS (44-47)
4. Prodigality 1. The State and its political subdivisions
5. Civil interdiction 2. Other corporations, institutions and entities for public interest or purpose,
LIMITATION/MODIFY: (39) created by law; their personality begins as soon as they have been
1. Age constituted according to law;
2. Insanity/imbecility 3. Corporations, partnerships and associations for private interest or
3. State of being deaf-mute purpose to which the law grants a juridical personality, separate and
4. Penalty distinct from that of each shareholder, partner or member.
5. Prodigality  1&2 are governed by the laws creating or recognizing them
6. Family relations  Private corporations are regulated by laws of general application on the
7. Alienage subject
8. Absence  Partnerships and associations for private interest or purpose are governed
9. Insolvency by the provisions of this Code concerning partnership.
10. Trusteeship  JP may acquire and possess property of all kinds, as well as incur
COMMENCEMENT CIVIL PERSONALITY (40-41) obligations and bring civil or criminal action, in conformity with the laws
 Birth determines personality and regulations of their organization.
 Conceived child shall be considered born for all purposes that are  UPON DISSOLUTION OF NO. 2: their property and other assets shall be
favorable to it. disposed of in pursuance of law or the charter creating them.
 FETUS considered born when: alive at the time it is completely delivered  If nothing has been specified, properties and other assets shall be applied
from the mother’s womb to similar purposes for the benefit of the region, province, city or
 FETUS with INTRA-UTERINE life of less than 7 months: not deemed born if municipality which during the existence of the institution derived the
it dies within 24 hours after it complete delivery from the maternal womb principal benefits from the same.
EXTINGUISHMENT OF CIVIL PERSONALITY (42)
 By death C. DOMICILE; RESIDENCE (50-51)
 The effect of death upon the rights and obligations of the deceased is  Domicile of natural persons is the place of their habitual residence
determined by law, contract or b y will.
 domicile of juridical persons: the same shall be understood to be the  Grandsons and other direct male descendant:
place where their legal representation is established or where they - add the middle name or mother’s surname
exercise their principal functions. - add roman numerals II, III and so on
 No person can change his name or surname without judicial authority
D. SURNAMES (364-380 CC; 176,189,193 FC; R.A NO. 9048; RA NO. 10172)  Usurpation of a name and surname may be the subject of an action for
 LEGITIMATE AND LEGITIMATED CHILDREN – surname of the father damages and other relief
 ADOPTED CHILD – surname of the adopter; loss the right to use  Unauthorized or lawful use of another person’s surname gives a right of
the adopter’s surname in case of judicial recission of the adoption action to the latter
 NATURAL CHILD – acknowledge by both parents (father’s  The employment of pen names or stage names is permitted, provided it is
surname); acknowledge by one (surname of recognizing parent) done in good faith and there is no injury to 3 rd persons. Pen names and
 NATURAL CHILDREN BY LEGAL FICTION – father’s surname stage names cannot be usurped.
 ILLEGITIMATE CHILDREN – mother’s surname; if recognized by  Except as provided in the preceding article, no person shall use different
their father through the record of birth appearing in the civil names and usernames.
register, or when an admission in a public document or private
handwritten instrument is made by the father: father’s surname E. ABSENTEES (381-396)
 CHILDREN CONCEIVED BEFORE THE DECREE ANNULLING A DECLARATION OF ABSENCE
VOIDABLE MARRIAGE – Father’s surname  2 years having elapsed w/o any news about the absentee or since the
 MARRIED WOMAN: receipt of the last news
a) Maiden 1st name and surname and add her husband’s  5 years in case the absentee has left a person in charge of the
surname administration of his property.
b) Maiden 1st name and her husband’s surname  WHO MAY ASK FOR DECLARATION OF ABSENCE:
c) Husband’s full name, but prefixing a word indicating the  Spouse present
she is his wife, such as “Mrs.”  Heirs instituted in a will, who may present the authentic copy of
 IN CASE OF ANNULMENT OF MARRIAGE: the same
WIFE GUILTY – resume her maiden name and surname  Relatives who may succeed by the law of intestacy
WIFE INNOCENT – resume her maiden name and surname  Those who may have over the property of the absentee some
 May choose to continue employing her husband’s right subordinated to the condition of death.
surname unless the court decrees otherwise or she or the  Judicial declaration of absence shall not take effect until 6 months after
former husband is married again to another person. its publication in a newspaper of general circulation.
 LEGAL SEPARATION GRANTED – wife shall continue using her PRESUMPTION OF DEATH
name and surname employed before the legal separation  After an absence of 7 YEARS: it being unknown WON the absentee still
 WIDOW – husband’s surname lives, he shall be presumed dead for ALL PURPOSES, except for those of
 IDENTITY OF NAMES AND SURNAMES – younger shall be obliged succession
to use such additional name or surname as will avoid confusion  10 YEARS: for the purpose of opening his succession
BETWEEN ASCENDANTS AND DESCENDANTS:  5 YEARS: sufficient in order that his succession may be opened if he
 “Junior” – son disappeared after the age of 75 years.
  PRESUMED DEAD FOR ALL PURPOSES INCLUDING THE DIVISION OF THE  Whoever claims a right pertaining to a person whose existence is not
ESTATE AMONF THE HEIRS: recognized must prove that he was living at the time his existence was
 Person on board a vessel lost during a sea voyage or an aeroplane necessary in order to acquire said right.
which is missing, who has not been heard for 4 YEARS since the  Upon the opening of a succession to which an absentee is called, his share
loss of the vessel or aeroplane; shall accrue to his co-heirs, unless he has heirs, assigns, or a
 Person in the armed forces who has taken part in war, and has representative.
been missing for 4 YEARS
 A person who has been in danger of death under other F. MARRIAGE; GENERAL PRINCIPLES (FC 1)
circumstances and his existence has not been known for 4 YEARS  Marriage is a special contract of permanent union between man and a
 ABSENTEE APPEARS OR HIS EXISTENCE IS PROVED: he shall recover his woman entered into in accordance with law for the establishment of
property in the condition in which it may have been alienated or the conjugal and family life.
property acquired therewith; but he cannot claim the fruits or rents  It is the foundation of the family and an inviolable social institution whose
ADMINISTRATION OF THE POPERTY OF THE ABSENTEE nature, consequences, and incidents are governed by law and not subject
 When a person disappears from his domicile, his whereabouts being to stipulation, except that marriage settlements may fix the property
unknown, and without leaving an agent to administer his property, the relations during the marriage within the limits provided by this code.
judge, at the instance of an interested party, a relative, or a friend, may ESSENTIAL AND FORMAL REQUISITES (FC 1-3, 5-11, 20-21, 26 & 31-35)
appoint a person to represent him in all that may be necessary;  ESSENTIAL: 1) Legal capacity of the contracting parties who must be male
(administrator) and a female; 2) Consent freely given in the presence of the solemnizing
 In the appointment of a representative, the spouse present shall be officer.
preferred when there is no legal separation  FORMAL; 1) Authority of the solemnizing officer; 2) Valid marriage
 If the absentee left no spouse, or if the spouse present is a minor, any license except in the cases provided for in Chapter 2 of this title; 3)
competent person may be appointed by the court. Marriage ceremony which takes place with the appearance of the
 the wife who is appointed as an administratrix of the husband’s property contracting parties before the solemnizing officer and their personal
cannot alienate or encumber the husband’s property, or that of the declaration that they take each other as husband and wife in the presence
conjugal partnership, without judicial authority of not less than 2 witnesses of legal age.
 ADMINISTRATION SHALL CEASE:  Any male or female of the age of the eighteen years or upwards not under
 When the absentee appears personally or by means of an agent any of the impediments mentioned in Arts. 37-38, may contract marriage;
 When the death of the absentee is proved and his testate or  No prescribed form or religious rite for the solemnization of the marriage
intestate heirs appear; is required.
 When a 3rd person appears, showing by a proper document that  It shall be necessary, however, for the contracting parties to appears
he has acquired the absentee’s property by purchase or other title personally before the solemnizing officer and declare in the presence of
not less than 2 witnesses of legal age that they take each other as
husband and wife.
EFFECT OF ABSENCE UPON THE CONTINGENT RIGHTS OF THE ABSENTEE  This declaration shall be contained in the marriage certificate which shall
be signed by the contracting parties and their witnesses and attested by
the solemnizing officer.
 In case of articulo mortis, when the party at the point of death is unable  When either or both of the contracting parties are citizens of a foreign
to sign the marriage certificate, it shall be sufficient for one of the country, it shall be necessary for them before a marriage license can be
witnesses to the marriage to write the name of said party, which fact shall obtained, to submit a certificate of legal capacity to contract marriage,
be attested by the solemnizing officer. issued by their respective diplomatic or consular or official.
 SOLEMNIZING OFFICERS:  Stateless persons or refugees from other countries shall, in lieu of the
1. Any incumbent member of the judiciary within the court’s jurisdiction certificate of legal capacity herein required, submit an affidavit stating the
2. Any priest, rabbi, imam or minister of any church or religious sect duly circumstances showing such capacity to contract marriage.
authorized by his church or religious sect and registered with the civil  A marriage in articulo mortis between passengers or crew members may
registered with the civil registrar general, acting within the limits of also be solemnized by a ship captain or by an airplane pilot not only while
the written authority granted him by his church or religious sect and the ship is at sea or the plane is in flight, but also during stopovers at
provided that at least one of the contracting parties belongs to the ports of call.
solemnizing officer’s church or religious sect;  A military commander of a unit, who is commissioned officer, shall
3. Any ship captain or airplane chief only in cases mentioned in Art. 31; likewise have authority to solemnize marriages in articulo mortis between
4. Any military commander of a unit to which a chaplain is assigned, in persons within the zone of military operation, whether members of the
the absence of the latter, during a military operation, likewise only in armed forces or civilians.
the case mentioned in Art. 32  Marriages among Muslims or among members of the ethnic cultural
5. Any consul-general, consul or vice-consul in the case provided in Art. communities may be performed validly without the necessity of a
10 marriage license, provided they are solemnized in accordance with their
 The marriage shall be solemnized publicly in the chambers of the judge or customs, rites or practices.
in open court, in the church, chapel or temple, or in the office of the  No license shall be necessary for the marriage of a man and a woman
consul-general. Consul or vise-consul, as the case may be, and not who have lived together as husband and wife for at least 5 years and
elsewhere, except in cases of marriages contracted at the point of death without any legal impediment to marry each other.
or in remote places in accordance with Art. 29 of this code, or where both EFFECTS OF ABSENCE, DEFECT OR IRREGULARITY (FC 4)
of the parties request the solemnizing officer in writing in which case the  ABSENCE: essential or formal requisites :VOID AB INITIO
marriage may be solemnized at a house or place designated by them in a  DEFECT: essential requisites: VOIDABLE
sworn statement to that effect.  IRREGULARITY: formal requisites: not affect the validity of the marriage
 A marriage license shall be issued by the local civil registrar of the city or but the party or parties responsible for the irregularity shall be civilly,
municipality where either contracting party habitually resides, except in criminally, administratively liable.
marriages where no license is required.
 Marriages between Filipino citizens abroad may be solemnized by a G. MIXED MARRIAGES (FC 26)
consul-general, consul or ice-consul of the Republic of the Philippines.  All marriages solemnized outside the Philippines in accordance with the
Also the issuance of the marriage license. laws in force in the country where they were solemnized, and valid there
 License validity – 120 days from the date of issue, and shall be deemed as such, shall also be valid in this country, except those prohibited under
automatically cancelled at the expiration of said period if the contracting Arts. 35 (1,4,5,6), 36,37, and 38.
parties have not made use of it.  Marriage between Filipino citizen and a foreigner is validly celebrated and
a divorce is thereafter validly obtained abroad by the alien spouse
 capacitating him or her to remarry, the Filipino spouse shall likewise have
capacity to remarry under Philippine Law.
VOID MARRIAGES (36)
H. VOID MARRIAGES; EFFECTS AND REMEDIES (FC 35-44 AND 50-54)  A marriage contracted by any party who, at the time of the celebration,
VOID FROM THE BEGINNING (35) was psychologically incapacitated to comply with the essential marital
 Contracted by any party below 18 y/o even with the consent of parents or obligations of marriage, shall likewise be void even if such incapacity
guardians becomes manifest only after its solemnization.
 Solemnized by any person not legally authorized to perform marriages  Action or defense for the declaration of absolute nullity of a marriage
unless such marriages were contracted with either or both parties shall not prescribe
believing in good faith that the solemnizing officer had the legal authority  Absolute nullity of a previous marriage may be invoked for purposes of
to do so remarriage on the basis solely of a final judgment declaring such previous
 Solemnized without a license, except those covered by the preceding marriage void.
chapter  A marriage contracted by any person during the subsistence of a
 Bigamous or polygamous marriages not falling under art. 41 previous marriage shall be null and void unless:
 Contracted through mistake of one contracting party as to the identity of  Before the celebration of the subsequent marriage, the prior
the other spouse had been absent for 4 consecutive years and the spouse
 Subsequent marriages that are void under art. 53 present has a well-founded belief that the absent spouse was
 (37) Incestuous Marriages: whether the relationship between the parties already dead.
be legitimate or illegitimate:  In case of disappearance where there is danger of death under
 Between ascendants and descendants of any degree the circumstances set forth if the provisions of Art. 391 of the
 Between brothers and sisters, whether of the full or half blood CC, an absence of only 2 years shall be sufficient.
 (38) By reason of Public Policy:  For the purpose of contracting the subsequent marriage, the
 Between collateral blood relatives, whether legitimate or spouse present must institute a summary proceeding for the
illegitimate, up to the 4th civil degree declaration of presumptive death of the absentee, w/o prejudice
 Between step-parents and step-children to the effect of reappearance of the absent spouse.
 Between parents-in-law and children-in-law  Subsequent marriage shall be automatically terminated by the recording
 Between the adopting parent and the adopted child of the affidavit or reappearance of the absent spouse, unless there is a
 Between the surviving spouse of the adopting parent and the judgment annulling the previous marriage or declaring it VOID AB INITIO.
adopted child  A sworn statement of the fact and circumstances of reappearance shall be
 Between the surviving spouse of the adopted child and the recorded in the civil registry of the residence of the parties to the
adopter subsequent marriage at the instance of any interested person, with due
 Between an adopted child and a legitimate child of the adopter notice to the spouses of the subsequent and w/o prejudice to the fact of
 Between the adopted children of the same adopter reappearance being judicially determined in case such fact is disputed.
 Between parties where one with the intention to marry the other,  If both spouses of the subsequent marriage acted in bad faith, said
killed that other person’s spouse or his or her own spouse marriage shall be VOID AB INITIO and all donations by reason of marriage
 and testamentary dispositions made by one in favor of the other are 2. Either party was of unsound mind unless such party after coming to
revoked by operation of law. reason, freely cohabited with the other as husband and wife;
FILE BY: Sane spouse who has no knowledge of the other’s insanity; or by
any relative guardian or person having legal charge of the insane
EFFECTS OF TERMINATION OF SUBSEQUENT MARRIAGE WHEN: Anytime before the death of either party
1. Conceived prior to its termination shall be considered legitimate, and FILED BY: insane spouse during a lucid interval or after regaining sanity
their custody and support in case of dispute shall be decided by the court 3. That the consent of either party was obtained by FRAUD, unless such
in a proper proceeding; party afterwards, with full knowledge of the facts constituting the fraud,
2. The absolute community of property or the conjugal partnership, shall be freely cohabited with the other as husband and wife;
dissolved and liquidated, but if either spouse contracted said marriage in FILED BY: Injured party
bad faith, his/her share of the net profits of the community property or WHEN: within 5 years after the discovery of fraud
conjugal partnership property shall be forfeited in favor of the common 4. Consent of either party was obtain by FORCE, INTIMIDATION OR UNDUE
children or, if there are none, the children of the guilty spouse by previous INFLUENCE, unless the same having disappeared or ceased, such party
marriage or in default of children, the innocent spouse. thereafter freely cohabited with the other as husband and wife
3. Donation by reason of marriage shall remain valid except that if the done FILED BY: Injured party
contracted the marriage in bad faith, such donations made to said done WHEN: Within 5 years from the time the force, intimidation or undue
are revoked by operation of law. influence disappeared or ceased.
4. The innocent spouse may revoke the designation of the other spouse who 5. That either party was physically incapable of consummating the marriage
acted in bad faith as beneficiary in any insurance policy, even if such with the other, and such incapacity continues and appears to be
designation be stipulated as irrevocable. incurable;
5. Spouse who contracted the subsequent marriage in bad faith shall be FILED BY: Injured party
disqualified to inherit from the innocent spouse by testate and intestate WHEN: within 5 years after the marriage
succession. 6. Either party was afflicted with sexually transmissible disease found to be
serious and appears to be incurable.
I. VOIDABLE MARRIAGES; EFFECTS AND REMEDIES (FC 45-54) FILED BY: Injured party
GROUNDS FOR ANNULMENT: existing at the time of the marriage WHEN: within 5 years after the marriage
1. Party in whose behalf it is sought to have the marriage annulled was 18 FRAUD IN NO. 3
y/o or over but below 21, and the marriage was solemnized w/o the 1. Non-disclosure of a previous conviction by final judgment of the other
consent of the parents, guardian or person having substitute parental party of a crime involving moral turpitude
authority over the party, in that order, unless after attaining the age of 21, 2. Concealment by the wife of the fact that at the time of the marriage, she
such party freely cohabited with the other and both lived together as was pregnant by a man other than her husband;
husband and wife; 3. Concealment of a sexually transmissible disease, regardless of its nature,
FILE BY: Party whose parent or guardian did not give his/her consent existing at the time of the marriage
WHEN: WITHIN 5 YEARS after attaining the age of 21 4. Concealment of drug addiction, habitual alcoholism or homosexuality or
FILED BY: Parent or guardian or person having legal charge of the minor lesbianism existing at the time of the marriage;
WHEN: At anytime before such party has reach the age of 21
  No other misrepresentation or deceit as to character, health, 5. Drug addiction or habitual alcoholism of the respondent;
rank, fortune, or chastity shall constitute such fraud as will give 6. Lesbianism or homosexuality of the respondent
grounds for action for the annulment of marriage 7. Contracting by the respondent of a subsequent bigamous marriage,
whether in the PH or abroad.
8. Sexual infidelity or perversion
9. Attempt by the respondent against the life of the petitioner
SUPPORT PENDETE LITE (FC 49) 10. Abandonment of petitioner by respondent w/o justifiable cause for more
 During the pendency of the action and in the absence of adequate than one year;
provisions in a written agreement between the spouses and the Court  Child includes natural child and adopted child
shall provide for the support of their common children. GROUNDS FOR DENYING PETITION FOR LEGAL SEPARATION
EFFECTS AND REMEDIES 1. Where the aggrieved party has condoned the offense or act complained
 The judgment of annulment or absolute nullity of the marriage, the of;
partition and distribution of the properties of the souse, and the delivery 2. Where the aggrieved party has consented to the commission of the
of the children’s presumptive legitimes shall be recorded in the offense or act complained of
appropriate civil registry and registries of property; otherwise, the same 3. Where there is connivance between the parties in the commission of the
shall not affect third persons. offense or act constituting the ground for legal separation;
 Either of the former spouses may marry again after complying with the 4. Where both parties have given ground for legal separation;
requirements above, otherwise, the subsequent marriage shall be null 5. Where there is collusion between the parties to obtain the decree of legal
and void. separation
 Children conceived or born before the judgment of annulment or absolute 6. Where the action is barred by prescription
nullity of the marriage under art. 36 (psychological incapacity) has  Action shall be filed within 5 years from the time of the
become final and executory shall be considered LEGITIMATE. occurrence of the cause.
 Children conceived or born of the subsequent marriage under art. 53 EFFECTS OF THE DECREE OF LEGAL SEPARATION (FC 63)
(complied with the requirements) shall be likewise be LEGITIMATE. 1. Spouses shall be entitled to live separately from each other, but the
marriage bonds shall not be severed;
J. LEGAL SEPARATION (FC 55-67) 2. Absolute community or the conjugal partnership shall be dissolved and
GROUNDS FOR LEGAL SEPARATION liquidated but the offending spouse shall have no right to any share of the
1. Repeated physical violence or grossly abusive conduct directed against net profits earned by the absolute community or the conjugal
the petitioner, a common child, or a child of the petitioner; partnership, which shall be forfeited.
2. Physical violence or moral pressure to compel the petitioner to change 3. Custody of the minor children shall be awarded to the innocent spouse;
religious or political affiliation; 4. Offending spouse shall be disqualified from inheriting from the innocent
3. Attempt of respondent to corrupt or induce the petitioner, a common spouse by intestate succession. Moreover, provisions in favor of the
child, or a child of the petitioner, to engage in prostitution, or connivance offending spouse made in the will of the innocent spouse shall be revoked
in such corruption or inducement; by operation of law.
4. Final judgment sentencing the respondent to imprisonment of more than 5. Innocent spouse may revoke the donations made by him or by her in favor
6 years, even if pardoned; of the offending spouse, as well as designation of the latter as a
 beneficiary in any insurance policy, even if such designation be stipulated  Benefit has accrued to the family prior to the objection or
as irrevocable. Shall be brought within 5 years from the time the decree of thereafter. If the benefit accrued prior to the objection, the
legal separation has become final. resulting obligation shall be enforced against the community
property. If the benefit accrued thereafter, such obligation shall
be enforced against the separate property of the spouse who has
EFFECTS OF RECONCILIATON (FC 66) not obtained consent.
1. Legal separation proceedings, if still pending, shall thereby be terminated
at whatever stage; M. THE FAMILY; FAMILY HOME (FC 149-162)
2. The final decree of legal separation shall be set aside, but the separation FAMILY RELATIONS INCLUDE THOSE:
of property and any forfeiture of the share of the guilty spouse already 1. Between husband and wife;
effected shall subsist, unless the spouses agree to revive their former 2. Between parents and children;
property regime. 3. Among other ascendants and descendants;
4. Among brothers and sisters whether of the full or half-blood
K. PROPERTY RELATIONS BETWEEN SPOUSES (see other notes)  No suit between members of the same family shall prosper unless it
L. RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE (FC 68-73) should appear from the verified complaint or petition that earnest efforts
 Husband and wife are obliged to live together, observe mutual love, toward a compromise have been made, but that the same have failed. If it
respect and fidelity, and render mutual help and support is shown that no such efforts were in fact made, the case must be
 Husband and wife shall fix the family domicile. In case of disagreement, dismissed.
the court shall decide.  This shall not apply to cases which may not be the subject of
 Spouses are jointly responsible for the support of the family. The compromise under the Civil Code.
expenses for such support and other conjugal obligations shall be paid FAMILY HOME
from the community property and, in the absence thereof, from the  The family home, constituted jointly by the husband and the wife or by an
income or fruits of their separate properties. In case of insufficiency or unmarried head of a family, is the dwelling house where they and their
absence of said income or fruits, such obligations shall be satisfied from family reside, and the land on which it is situated.
their separate properties.  It is deemed constituted on a house and lot from the time it is occupied as
 Management of the household shall be the right and duty of both a family residence. From the time of its constitution and so long as any of
spouses. its beneficiaries actually resides therein, the family home continues to be
 When one spouse neglects his/her duties to the conjugal union or such and exempt from execution, force sale or attachment except as
commits acts which tend to bring danger, dishonor or injury to the other hereinafter provided and to the extent of the value allowed by law.
or to the family, the aggrieved party may apply to the court for relief; BENEFICIARIES OF FAMILY HOME
 Either spouse may exercise any legitimate profession, occupation, 1. Husband and wife, or an unmarried person who is the head of the family
business or activity without the consent of the other. The latter may 2. Their parents, ascendants, descendants, brothers and sisters, whether the
object only on valid, serious, and moral grounds relationship be legitimate or illegitimate, who are living in the family
 In case of disagreement, the court shall decide WON: home and who depend upon the head of the family for legal support.
 The objection is proper FH EXEMPT FROM EXECUTION, FORCE SALE OR ATTACHMENT; EXCEPTIONS (155)
1. For non-payment of taxes;
2. For debts incurred prior to the constitution of the FH 2. Legitimate ascendants and descendants
3. For debts secured by mortgages on the premises before or after such 3. Parents and their legitimate children and the legitimate and
constitution illegitimate children of the latter.
4. For debts due to laborers, mechanics, architects, builders, materialmen 4. Parents and their illegitimate children and the legitimate and
and others who have rendered service or furnished material for the illegitimate children of the latter
construction of the building 5. Legitimate brothers and sisters, whether of the full or half-blood
 FH may be sold, alienated, donated, assigned or encumbered by the  Brothers and sisters not legitimately related, whether of the full or half-
owner or owners thereof with the written consent of the person blood, are likewise bound to support each other to the full extent except
constituting the same, the latter’s spouse, and the majority of the only when the need for support of the brother or sister, being of age, I
beneficiaries of legal age. In case of conflict, the court shall decide. due to a cause imputable to the claimant’s fault or negligence.
 FH shall continue despite the death of one or both spouses or of the  For the support of legitimate ascendants; descendants and brothers and
unmarried head of the family for a period od 10 years or for as long as sisters (legitimate or illegitimate) – only the separate property of the
there is a minor beneficiary, and the heirs cannot partition the same person obliged to give support shall be answerable; in case no separate
unless the court finds compelling reasons therefor. This rule shall apply property, the absolute community or the co jugal partnership, if
regardless of whoever owns the property or constituted the FH. financially capable, shall advance the support, which shall be deducted
 For the purpose of availing of the benefits of a FH as provided for in this from the share of the spouse obliged.
Chapter, a person may constitute, or be the beneficiary of, only 1 FH.  Whenever 2 or more persons are obliged to give support, the liability shall
 Actual value of FH: shall not exceed at the time of if constitution: 300 devolve upon the following persons in the order:
(urban areas) 200 (rural) 1. The spouse
 Creditor whose claim is not among mentioned in art. 155 obtains a 2. Descendants in the nearest degree
judgment in his favor, and he has reasonable grounds to believe that the 3. Ascendants in the nearest degree
FH is actually worth more than the maximum amount fixed, he may apply 4. Brothers and sisters
for an order directing the sale of the property under execution.  The right to receive support as well as any money or property obtained as
support shall not be levied upon on attachment or execution
N. PATERNITY AND FILIATION (see other notes)  When, without the knowledge of the person obliged to give support, it is
given by a stranger, the latter shall have a right to claim the same from the
O. SUPPORT (FC 194-208) former, unless it appears that he gave it without any intention of being
 Support comprises everything indispensable for sustenance, dwelling, reimbursed.
clothing, medical attendance, education and transportation, in keeping  When the person obliged to support another unjustly refuses or fails to
with the financial capacity of the family. give support when urgently needed by the latter, any third person may
 Education includes his schooling or training for some profession, trade or furnish support to the needy individual, with a right of reimbursement
vocation, even beyond the age of majority. from the person obliged to give support
 Transportation shall include expenses in going to and from school, or to
and from place of work. P. PARENTAL AUTHORITY (FC 209-233)
 FOLLOWING ARE OBLIGED TO SUPPORT EACH OTHER:  Parental authority and responsibility may not be renounced or transferred
1. The spouses except in the cases authorized by law
 The father and the mother shall jointly exercise parental authority over of the unemancipated minor. The parents, judicial guardians or
the persons of their common children. In case of disagreement, the the persons exercising substitute parental authority over the said
father’s decision shall prevail, unless there is a judicial order to the minor shall be subsidiarily liable.
contrary  Liabilities shall not apply if it is proved that they exercised the
 In case of absence or death or either parent, the parent present shall proper diligence required under the particular circumstances
continue exercising parental authority.  Parents and other persons exercising parental authority shall be civilly
 No child under 7 years of age shall be separated from the mother unless liable for the injuries and damages caused by the act or omissions of their
the court finds compelling reasons to order otherwise. parental authority subject to the appropriate defenses provided by law.
 In case of death, absence or unsuitability of the parents, substitute
parental authority shall be exercise by the surviving grandparent. In case  TERMINATION OF PARENTAL AUTHORITY: (PERMANENTLY)
several survive, the one designated by the court. 1. Upon the death of the parents
 No descendant shall be compelled, in a criminal cases, to testify against 2. Upon the death of the child
his parents and grandparents, except when such testimony is 3. Upon emancipation of the child
indispensable in a crime, against the descendant or b y one parent against 4. If the person exercising PA has subjected the child or allowed him to
the other. be subjected to sexual abuse
 SUBSTITUTE PARENTAL AUTHORITY:  TERMINATES (UNLESS SUBSEQUENTLY REVIVED BY A FINAL JUDGMENT)
1. The surviving grandparent 1. Upon adoption of the child
2. Oldest brother or sister, over 21 years of age, unless unfit or 2. Upon appointment of a general guardian
disqualified 3. Upon judicial declaration of abandonment of the child in a case filed
3. Child’s actual custodian, over 21 years of age, unless unfit or for the purpose
disqualified. 4. Upon final judgment of a competent court divesting the party
 SPECIAL PARENTAL AUTHORITY concerned of parental authority
1. In case of foundlings, abandoned, neglected or abused children and 5. Upon judicial declaration of absence or incapacity of the person
other children similarly situated, parental authority shall be entrusted exercising parental authority
in summary judicial proceedings to heads of children’s homes,  SUSPENSION OF PARENTAL AUTHORITY
orphanages and similar institutions duly accredited by the proper 1. Upon conviction of the parent or the person exercising the same of a
government agency. crime which carries with it the penalty of civil interdiction.
2. The school, its administrators and teachers or the individual, entity or Automatically reinstated upon service of the penalty or upon pardon
institution engaged in child care shall have special parental authority or amnesty of the offender.
and responsibility over the minor child while under their supervision, 2. Treats the child with excessive harshness or cruelty
instruction or custody. 3. Gives the child corrupting orders, counsel, or example
 Authority and responsibility shall apply to all authorized activities 4. Compels the child to beg
whether inside or outside the premises of the school, entity or 5. Subjects the child or allows him to be subjected to acts of
institution. lasciviousness
 Those given the authority and responsibility shall be principally  The suspension or deprivation may be revoked and the PA
and solidarily liable for damages caused by the acts or omissions revived in a case filed for the purpose o in the same
proceeding if the court finds that the cause therefor has
ceased and will not be repeated.