FAMILY CODE

MARRIAGE
A special contract of permanent
union betweenWhat is Marriage?
a man and a woman
entered into in accordance with law
for the establishment of conjugal
and family life. (Article 1).
 Marriage VS Ordinary Contract

• Only 2
persons of the • May be
opposite sex entered into
may enter by any
into a number of
contract of persons,
marriage whether of
• cannot be the same or
revoked, different sex
dissolved or • By mutual
terminated by agreement
the parties, terminate
but only by an ordinary
the sovereign contract.
power of the
State
Contrac
Ordinar
Marria
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t
 REQUISITE OF MARRIAGE
(ESSENTIAL REQUISITES ART. 2)
• 1. Legal capacity of the contracting parties
a. A male and a female
b. At least 18 years of age
c. Must not be suffering from any legal
impediment
d. Relationship
• 2. Consent freely given by the contracting
parties before the solemnizing officer
 REQUISITE OF MARRIAGE
(FORMAL REQUISITES ART. 3)
• 1. Authority of the solemnizing officer
2. A valid marriage license; and
3. Marriage ceremony
 STATUS OF MARRIAGE (ART 4)
The absence of any of the essential or
formal requisites shall render the
marriage void ab initio.
A defect in the essential requisite of
consent
shall render the marriage voidable.
An irregularity in any of the formal
requisites
shall not affect the validity of the marriage
but the party responsible for the irregularity
 Who are authorized to solemnize
marriages
1. Any incumbent member of the
Judiciary
2. Any priest, rabii, imam, or
minister of any church or religious
sect
3. Ship captain or airplane chief (for
marriage in articulo mortis)
 Who are authorized to solemnize
marriages
4. A military commander of a unit,
who is a commissioned officer (for
marriage in articulo mortis)
5. Consul-general, consul or vice-
consul (for marriages celebrated
abroad); and
6. Mayors (Local Government
 Valid Marriage License
• Issued by the local civil registrar of the city or
municipality where either contracting party
habitually resides
• Valid for a period of 120 days from the date of its
issuance. It is deemed automatically cancelled at
theexpiration of said period.
• A marriage license is valid anywhere in the
Philippines
 Parental Consent/Parental
Advice
• Requirement of parental consent - If any
party is below 21, parental consent must
be exhibited to the local civil registrar.
Otherwise, marriage is voidable.
• Requirement of parental advice - If any
party is between 21 and 25, parental
advice is required. Otherwise, license
shall only be issued after 3 months from
completion of publication of the
 EXEMPTION FROM LICENSE
REQUIREMENT
1. Marriage in articulo mortis (In case
either or both of the contracting parties are
at the point of death)
2. Marriage in remote places (If the
residence of either party is so located that
there is no means of transportation to
enable such party to appear personally
before the local civil registrar)
 EXEMPTION FROM LICENSE
REQUIREMENT
3. Marriage among Muslims and members
of ethnic cultural communities
4. Marriage of a man and a woman who
have been living together as husband and
wife continuously and exclusively for at
least 5 years, and without any legal
impediment to marry each other. In lieu of a
marriage license, the parties must execute
an Affidavit of Cohabitation.
 MARRIAGE CEREMONY
• There is no prescribed form or religious rite
for the solemnization of a marriage.
• 2. Minimum requirements constituting a
marriage ceremony:
a. the appearance of the contracting
parties before the solemnizing officer, and
b. their personal declaration that they
take each other as husband and wife in the
presence of not less than two witnesses of
legal age.
 Marriage Contract
• best documentary evidence of a marriage.
• Its absence is not, however, proof that no
marriage took place because other evidence
may be presented to prove the fact of
marriage.
• The mere fact that no record of the marriage
exists in the registry of marriage does not
invalidate said marriage, as long as in the
celebration thereof, all requisites for its
validity are present.
 MARRIAGES SOLEMNIZED
ABROAD AND FOREIGN DIVORCE
• If marriage is valid abroad, it is
also valid in the Philippines.
[Art 26 (1)]
 Art 35 (1) - lack of legal capacity
EXCEPT
. Art 35 (4) - bigamous or polygamous marriage

Art 35 (5) - mistake as to identity

Art 35 (6) – non-compliance with registration

rrequirements beforeremarriage
Art 36 – psychological incapacity
 Art 37 – incestuous marriage
EXCEPT
Art 38 – void due to public policy
 FOREIGN DIVORCE
• Philippines has no Divorce.
• Divorce may only be recognized in case of
mixed marriage (marriage between a Filipino
and Foreign national).
• Article 26, 2nd paragraph of the Family Code
(Where a marriage between a 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 have
 VOID MARRIAGE
• Scattered provisions in the Family Code
Articles 4, 35, 36, 37, 38, 40, 41, 44 and 53 in
relation to Article 52
• Article 4: Absence of Essential or Formal
Requisite=void ab initio, except as stated in
Article 35 (2)
 Please take NOTE:
 Article 35: Marriages considered void from the beginning
1. Those contracted by minors
2. Lack of authority of solemnizing officer (unless either
or both parties believing in good faith that the solemnizing
officer had the legal authority to do so)
3. Absence of marriage license (unless exempted)
4. Bigamous or polygamous marriages (except valid
bigamous marriage under Article 41 on presumptive death)
5. Mistake of party as to the identity of the other.
6. Subsequent marriages that are void under Article 53
(failure to comply with requirements under Art 52)
Article 53: Void subsequent marriage due
to non-compliance with Art. 52
• Article 52 - The judgment of annulment or
of absolute nullity of the marriage, the
partition and distribution of the properties
of the spouses and the delivery of the
children's presumptive legitimes shall be
recorded in the appropriate civil registry
and registries of property; otherwise, the
same shall not affect third persons.
 ARTICLE 36: PSYCHOLOGICAL
INCAPACITY - Article 36
• Psychological incapacity is not medical but a
legal concept.

• It is neither a mental incapacity nor a personality

disorder that must be proven through expert
opinion.’

• Juridical antecedence - Must be existing at the

time of celebration although overt manifestations
may emerge only after the marriage
 Article 37: Incestuous
Marriages
• Ascendants and descendants of any
degree; and
• Between brothers and sisters,
whether of full or half blood
(whether the relationship between
the parties be legitimate or
illegitimate)
 Article 38: Void marriages for reasons of
public policy
• 1. Collateral blood relatives, whether
legitimate or illegitimate, up to the fourth
civil degree
• 2. Step-parents and step-children
• 3. Parents-in-law and children-in-law
• 4. Adopting parent and the adopted child
• 5. Surviving spouse of the adopting parent
and the adopted child
 Article 38: Void marriages for reasons of
public policy
• 6. Surviving spouse of the adopted child and
the adopter
• 7. Adopted child and a legitimate child of the
adopter
• 8. Adopted children of the same adopter
• 9. Parties where one, with the intent to marry
the other killed that other person’s spouse or
his or her own spouse.
 Status of Children under a void marriage
Illegitimate
Except:
a. Children conceived or born before the judgment
of annulment or absolute nullity under Article 36
has become final and executory shall be
considered legitimate.
b. Children conceived or born of the subsequent
marriage under Article 53 shall likewise be
legitimate. (Art. 54, FC)
 Presumption of Validity
• a. Every marriage enjoys the presumption of validity.
• b. Before contracting a second marriage, there must be
a prior judgment declaring the previous marriage void.
• c. Art. 40. The absolute nullity of a previous marriage
may be invoked for purposes of remarriage on the basis
solely of a final judgment declaring such previous
marriage void.
• d. If he/she contracts a subsequent marriage without
securing a judicial declaration of nullity of the prior
marriage, the subsequent marriage is itself void
 Absence or Separation in Fact
• Mere absence of a spouse or separation in
fact will not result in dissolution of marriage
• Marriages can only be dissolved through a
court action.
 PRESUMPTIVE DEATH (Article
41 FC
All bigamous marriages are void, except
marriage after Judicial Declaration of presumptive
Death
REQUISITES:
1. Absence of 2 years or 4 years of missing
spouse
2. Spouse present wishes to remarry
3. Spouse present has a well-founded belief that
the absent spouse is already dead
 PRESUMPTIVE DEATH (Article
41 FC
All bigamous marriages are void, except
marriage after Judicial Declaration of presumptive
Death
REQUISITES:
4. Spouse present must institute a summary
proceeding for the declaration of presumptive
death of the absentee, without prejudice to the
effect of reappearance of the absent spouse.
 Period of Disappearance
• a. 4 YEARS
• b. 2 YEARS in case of danger of death under Art. 391 of
the Civil Code:
• 1. A person on board a vessel lost during a sea voyage,
or an aeroplane which is missing;
• 2. A person in the armed forces who has taken part in
war;
• 3. A person who has been in danger of death under other
circumstances.
 Failure to secure declaration of
presumptive death under Art. 41, FC

If he/she contracts a
subsequent marriage
without such declaration
1. The subsequent marriage is
itself void; and
2. He/she may be prosecuted
for the crime of bigamy.
 Article 42: Automatic termination of 2nd
marriage
• 1. Non-disclosure of a previous conviction by final
judgment of the other party of a crime involving
moral turpitude;
• 2. Concealment by the wife of the fact that at the
time of the marriage, she was pregnant by a man
other than her husband;
• 3. Concealment of sexually transmissible disease,
regardless of its nature, existing at the time of
the marriage; or
 Article 42: Automatic termination of 2nd
marriage
• 4. Concealment of drug addiction, habitual
alcoholism or homosexuality or lesbianism
existing at the time of the marriage.
• - No other misrepresentation or deceit as to
character, health, rank, fortune or chastity
shall constitute such fraud as will give grounds for
action for the annulment of marriage
 Art. 47. Who may file the case &
When?
1. 18-below 21 without parental consent - the party whose
parent or guardian did not give his or her consent, within
five years after attaining the age of twenty-one, or by the
parent or guardian or person having legal charge of the
minor, at any time before such party has reached the age
of twenty-one;
2. Insanity - by the sane spouse, who had no knowledge of
the other's insanity; or by any relative or guardian or
person having legal charge of the insane, at any time
before the death of either party, or by the insane spouse
during a lucid interval or after regaining sanity;
 Art. 47. Who may file the case &
When?
3. Fraud - by the injured party, within five
years after the discovery of the fraud;
4. Force, Intimidation, Undue Influence - by
the injured party, within five years from the
time the force, intimidation or undue influence
disappeared or ceased;
5. Impotency and STD - by the injured party,
within five years after the marriage.
 Grounds for Denial
• a. Convalidation (Article 45)
• b. Prescription (Article 47)
• c. Not filed by the proper person (Article
47)
 Effects of Decree of Annulment
• 1. Termination of the marital bond;
• 2. Children conceived or born before the
judgment of annulment has become final and
executory are considered legitimate;
• 3. Absolute community property regime or the
conjugal partnership property regime is
terminated or dissolved and the same shall be
liquidated. Forfeiture of guilty spouse’s share
in net profits.
 Effects of Decree of Annulment
• 4. The innocent spouse may revoke the designation
of the other spouse who acted on bad faith as
beneficiary in the insurance policy whether or not
the designation is revocable.
• 5. The spouse who contracted the marriage in bad
faith shall be disqualified to inherit from the
innocent spouse by testate or intestate succession;
• 6. Donation Propter Nuptias – remains Valid,
except donee spouse acted in bad faith, it is
revoked by operation of law.
 LEGAL SEPARATION
• a legal remedy available to parties in a valid
but failed marriage for the purpose of
obtaining a decree from the court entitling him
or her certain reliefs such as the right to live
separately from each other (without affecting
the marital bond that exists between them),
the dissolution and liquidation of their absolute
community or conjugal partnership property
regime and the custody of their minor children.
 Grounds for Legal Separation
• a. Repeated physical violence or grossly
abusive conduct against petitioner, common
child, or a child of the petitioner;
• b. Attempt to corrupt or induce petitioner, a
common child or a child of the petitioner to
engage in prostitution, or connivance in such
corruption or inducement;
• c. Attempt by respondent against the life of the
petitioner;
 Grounds for Legal Separation
• d. Final judgment sentencing respondent to
imprisonment of more than 6 years, even if
pardoned;
• e. Drug addiction or habitual alcoholism of
respondent;
• f. Repeated physical violence or grossly abusive
conduct against petitioner, common child, or a
child of the petitioner;
 Grounds for Legal Separation
• g. Attempt to corrupt or induce petitioner, a
common child or a child of the petitioner to
engage in prostitution, or connivance in such
corruption or inducement;
• h. Attempt to corrupt or induce petitioner, a
common child or a child of the petitioner to
engage in prostitution, or connivance in such
corruption or inducement;
 Defenses
• 1. Condonation
• 2. Consent
• 3. Connivance
• 4. Collusion
• 5. Mutual Recrimination (In pari
delicto)
• 6. Prescription (5 years)
• No legal separation may be decreed
• UNLESS the Court has taken steps
• toward the reconciliation of the spouses
• and is fully satisfied, despite such
efforts,
• that reconciliation is highly improbable.
• (Art. 59, FC)
 Effects of Decree of Legal
Separati
• 1. The spouses are entitled to live separately but
the marriage bond is not severed.

• 2. ACP/GCP shall be dissolved and liquidated.

Offending spouse forfeits share in net profits.
Regime of complete separation.

• 3. Custody of minor children shall be awarded

to innocent spouse, subject to Art. 213 FC.
 Effects of Decree of Legal
Separati
• 4. Offending spouse is disqualified to inherit
from innocent spouse by intestate succession.
• 5. Provisions in the will of innocent spouse
which favors offending spouse shall be revoked
by operation of law. (Art 63, FC)
• 6. Innocent spouse may revoke the designation
of the offending spouse as a beneficiary in any
insurance policy, even when stipulated as
irrevocable. (Art 64,FC)
 Effects of Decree of Legal
Separati
• 7. The innocent spouse may revoke donations
she/he made in favor of the offending spouse.
Action to revoke must be brought within 5
years from finality of decree of legal
separation. (Art 64, FC)
• 8. Obligation to give support ceases, but court
may order the guilty spouse to give support to
the innocent spouse. (Art.198, FC)
 RIGHTS AND OBLIGATIONS
BETWEEN HUSBAND AND WIFE
• Essential Marital Obligations
a. Live together.
b. Observe mutual love, respect and fidelity; and
c. Render mutual help and support. (Art. 68, FC)

Court cannot compel a spouse to live with the

other, said duty is highly personal.
 Mutual help and support
• 1. Spouses are jointly responsible for the support of
the family.
• 2. Charge to the ACP/CPG, in case insufficient, use
income or fruits of separate properties, and if
insufficient, use the separate properties.
• 3. Management of the household shall be the right
and duty of both spouses.
• 4. Expenses chargeable to the ACP/CPG, income of
separate properties, and separate properties. (Art
70, FC)
 Exercise of legitimate profession
• Either spouse
• May object only on valid, serious and moral
grounds
In case of disagreement, the court will decide
whether:
• a. The objection is proper.
• b. Benefit has accrued to the family prior or
subsequent to the objection.
 PROPERTY
RELATIONS OF
THE
SPOUSES
 Marriage Settlement

• It is a contract entered into by a man and a

woman who intend or plan to get married
fixing the property regime that will govern
their present and future properties during
their marriage.
• It is also called ante-nuptial or pre-nuptial
agreement.
 Requisites of a valid marriage
settlement

• 1. In writing;
• 2. Signed by the parties;
• 3. Executed before the celebration of
marriage;
• 4. Signed by parent/guardian - If 18-21, civil
interdiction, disability (Arts 78 and 79, FC)
• 5. Registration (to bind 3rd persons). (Art. 77,
FC)
 ABSOLUTE COMMUNITY OF
PROPERTY

•A property regime wherein the

spouses are considered co-owners of
all property brought into the marriage
as well as those acquired during the
marriage, which are not otherwise
excluded from the community either
by the provisions of the Family Code or
by the marriage settlement
Properties excluded under the Absolute
Community

• a. Property acquired during the marriage by gratuitous title

and its fruits as well as income thereof unless the grantor
expressly provide they shall form part of the community
property;
• b. Property for personal and exclusive use of either spouses,
except jewelry which form part of the absolute community
because of their monetary value;
• c. Property acquired before the marriage by one with
legitimate descendants by former marriage and its fruits and
income, if any;
• d. Those excluded by the marriage settlement (Art. 92, FC).
 Properties included in the Absolute
Community
• a. All the property owned by the spouses at
the time of celebration of marriage or
acquired thereafter;
• b. Property acquired during the marriage by
gratuitous title, if expressly made to form part
of the community property by the donor,
testator or grantor;
• c. Jewelry or properties with monetary value;
• d. Winnings in gambling.
 Administration of Community
Property
• General Rule: The administration of community
property belongs to both spouses jointly.
• Except:
• a. Agreement
• b. Incapacity
• c. If a spouse without just cause abandons the
other
• d. During the pendency of the legal separation
case, the court may designate either of the
• Note: But such powers do not
include:
• a. Disposition;
• b. Alienation; and
• c. Encumbrance of the conjugal or
• community property
 Disagreement in the Administration of
Community Property (Art 96 FC)

• In case of disagreement, the decision of the

husband shall prevail but subject to recourse
to the court by the wife for proper remedy.
• Note: Prescriptive period for recourse is
within 5 years from the date of the contract
implementing such decision.
 CONJUGAL PARTNERSHIP OF
GAINS
• It is the property relation by the husband
and the wife by placing in a common fund:
• 1. Proceeds, product, fruits and income of
their
• separate properties; and,
• 2. Those acquired by either or both of them
through
• a. Efforts; or
• b. By Chance (Art 106 FC)
• 1. Those acquired by onerous title during the marriage
with conjugal funds;
• 2. Those obtained from the labor, industry, work or
profession of either or both of the spouses;
• 3. Fruits of conjugal property due or received during
the marriage and net fruits of separate property;
• 4. Share of either spouse in hidden treasure;
• 5. Those acquired through occupation such as fishing
or hunting;
• 6. Livestock in excess of the number that
spouses brought to the marriage; and
• 7. Those acquired by chance, such as winnings
from gambling or betting.
 SEPARATION OF PROPERTY
AND ADMINISTRATION OF
COMMON PROPERTY BY ONE
SPOUSE DURING THE MARRIAGE
 Sufficient Causes (Art 135 FC)
• 1. Civil interdiction;
• 2. Judicial declaration of absence;
• 3. Loss of parental authority as decreed by the
court;
• 4. Abandonment or failure to comply with family
obligations;
• 5. Administrator spouse has abused authority;
• 6. Separation in fact for one year and
reconciliation is highly improbable.
 Effect
• The absolute community or conjugal
partnership is dissolved;
• 2. The liability of the spouses to creditors
shall be solidary with their separate
properties;
• 3. Mutual obligation to support each other
continues except when there is legal
separation;
• 4. Rights previously acquired by creditors are
 REGIME OF SEPARATION OF
PROPERTY
• 1. When it is expressly provided for in the
marriage settlement (Art 143, FC);
• 2. When it is so decreed by the court (Legal
Separation, Judicial Sep of Property);
• Mandatory regime of complete separation of
property -- By failure of the surviving spouse to
liquidate the absolute community or conjugal
partnership of gains of a previous marriage
which has been terminated by death within the
one-year period required by law prior to
contracting another marriage. The subsequent
marriage is mandatorily governed by a regime
of complete separation. (Art 103 FC)
Rights of the Spouses under the Regime of
Separation of Property
• 1. Each spouse shall own, dispose of, possess,
administer and enjoy his or her own separate estate,
without need of the consent of the other.
• 2. Each spouse shall own all earnings from his or her
profession, business or industry and all fruits, natural,
industrial or civil, due or received during the marriage
from his or her separate property (Art. 145 FC).
 PROPERTY REGIME OF UNIONS
WITHOUT MARRIAGE
• Co-ownership either under Article 147
or Article 148
1.The man and the woman must be
capacitated
Applicabilityof ART 147
to marry each other
2. Live exclusively with each other as
husband
and wife; and
3. Their union is without the benefit/ void
marriage
1.The man and the woman must
beincapacitated to marry each
Applicabilityof ARTother;
148or
they do not live exclusively with each other
as husband and wife; and
2. Their union is without the benefit of
marriage/ void marriage
 Neither may encumber or sell
without consent
• a. Share in the property acquired during
cohabitation cannot be encumbered or sold
without consent of the other
• b. Encumbrance or sale without consent of
one party is VOID.
FAMILY HOME
 FAMILY HOME

• The family home, constituted jointly by

the husband and wife or by an unmarried
head of the family, is the dwelling house
where they and their family reside, and
the land on which it is situated. (Art. 152
FC)
 Constitution of Family Home
• deemed constituted on a house and lot from the time
it is occupied as a family residence (Art. 153 FC).
• The family home shall continue despite the death
of one or both spouses or of the unmarried head of
the family for a period of ten years or for as long
as there is a minor beneficiary, and the heirs
cannot partition the same unless the court finds
compelling reasons therefor. This rule shall apply
regardless of whoever owns the property or
constituted the family home (FC, Art. 159).
FH is exempt from execution, forced sale or
attachment (Art 155 FC)
Exceptions:
1. Debts due to laborers, mechanics,
architects, builders, materialmen and others
who have rendered service or furnished
material for the construction of the building.
2. Non-payment of taxes
3. Debts incurred prior to its constitution;
4. Debts secured by mortgages on the
premises before or after such constitution;
Requisites in the sale, alienation, donation,
assignment, or encumbrance of the FH
• The following must give their written
consent:
• 1.The person who constituted the FH;
• 2. The spouse of the person who
constitutedthe FH; 3. Majority of the
beneficiaries of legal age.
• NOTE: In case of conflict, the court
shalldecide. (Art 158 FC)
PATERNITY AND FILIATION
• Paternity – civil status of a father with
regard to the child
• Filiation – civil status of a child with
regard to his parents. Filiation may be
by nature or adoption, legitimate or
illegitimate.
 1. LEGITIMATE CHILDREN
• One who is conceived OR born during the
marriage of the parents (Art 164 FC)
• Exception: Born outside of a valid
marriage (void marriages) but considered
as legitimate child:
• 1. Children of marriages which are
declared void under Art. 36; and
• 2. Children of marriages which are
declared void under Art. 53.
 PROOF OF FILIATION
Primary proof
1. Birth Cirtificate; or
2. An admission of legitimate filiation in apublic
document or a private handwritten
instrument and signed by the parent concerned.
 PROOF OF
Secondary proof
FILIATION
In the absence of the foregoing evidence, the legitimate
filiation shall be roved by:
1. The open and continuous possession of the status of a
legitimate child; or
2. Any other means allowed by the Rules of Court and
special laws.
 2. LEGITIMATED CHILDREN
Children conceived and born outside of wedlock of
parents without impediment to marry at the time of
conception, or were so disqualified only because either
or both of them were below 18 years of age, may be
legitimated by the subsequent valid marriage of their
parents. (Art. 177 FC, as amended by RA 9858)
enjoy same rights as legitimated children
Overt act indicative of the commission
of a crime
• People vs. Valdez – the accused was merely seen
by officer as “looking around after getting off the
bus” and “attempted to run away when tanod
approached him (G.R. No. 170180, November
23, 2007).
• People v. Claudio – accused carrying woven buri-
like plastic bag with what appears as camote but
instead of placing the bag beside him, he placed it
at the back, narcotic agent inserted his finger bag,
where marijuana smell emanated (160 SCRA
646).
ADOPTION
 ADOPTION
the socio-legal process of providing a permanent
facility to a child whose parents had voluntarily
given up their parental rights, permanently
transferring all rights and responsibilities, along
with filiation, making the child a legitimate child of
the adoptive parents
 1. DOMESTIC ADOPTION
• an administrative adoption proceeding where
the Order of Adoption is issued within the
Philippines and is undertaken between a
Filipino child and eligible adoptive parents.
 Joint Adoption by Spouses:
• Spouses shall jointly adopt, EXCEPT:
• a. If one spouse seeks to adopt the legitimate
child of the other; or
• b. If one spouse seeks to adopt own
illegitimate child; Provided, That the other
spouse has signified consent thereto; or
• c. If the spouses are legally separated from
each other.
 Joint Adoption by Spouses:
• Spouses shall jointly adopt, EXCEPT:
• a. If one spouse seeks to adopt the legitimate
child of the other; or
• b. If one spouse seeks to adopt own
illegitimate child; Provided, That the other
spouse has signified consent thereto; or
• c. If the spouses are legally separated from
each other.
 RIGHTS OF AN ADOPTED
• LEGITIMACY-the adoptee shall be considered
legitimate child of the adopter for all intents and
purposes and such is entitled to all the rights and
obligations provided by law to legitimate children
born to them without discrimination of any kind.
• PARENTAL AUTHORITY-Adoptive parents shall
now have full parental authority over the child.
• SUCCESSION-he adopters and the adoptee shall
have reciprocal rights of succession without
distinction from legitimate filiations
 INSTANCES AND EFFECTS OF
RESCISSION
• a. Repeated physical or verbal maltreatment
by the adopter despite having undergone
counseling;
• b. Sexual abuse or violence;
• c. Abandonment and failure to comply with
parental obligations
 WHEN ALLOWED?
• Only when child cannot adopted in the
Philippines, and inter-country adoption is
in the best interest of the child. (Sec 7, RA
8043)
 WHO MAY ADOPT?
• 1. Any alien residing abroad;
• 2. Filipino Citizen residing abroad.
SUPPORT
 SUPPORT
• comprises everything indispensable for
sustenance, dwelling, clothing, medical
attendance, education and transportation, in
keeping with the financial capacity of the family
including the education of the person entitled to
be supported until he completes his education or
training for some profession, trade or vocation,
even beyond the age of majority.
 Order of liability to give
support
• a. Spouse;
• b. Descendants in the nearest degree;
• c. Ascendants in the nearest degree;
• d. Brothers and sisters. (Art. 199 FC)
When the obligation falls upon two
or more persons, the payment shall be
divided between them in proportion to the
resources of each.
 Amount of support
The amount of support shall be in proportion to
the:
1. Resources or means of the giver/obligor, and
2. Necessities of the recipient/obligee
PARENTAL AUTHORITY
 PARENTAL AUTHORITY
• It is the natural right and duty of parents over the
person and property of their unemancipated children,
parental authority and responsibility shall include the
caring for and rearing them for civic consciousness
and efficiency and the development of their moral,
mental and physical character and well-being (Art.
209 FC).
 Joint exercise of parental
authority
• • Father and mother shall jointly exercise parental
authority
• • In case of disagreement – father’s decision
prevails, unless there is a judicial order to the
contrary (Art 211 FC)
• • Absence/death of either parent – present/surviving
parent shall exercise parental authority. Remarriage
will not affect parental authority unless the court
appoints another person to be the guardian of the
person or property of the children. (Art. 212 FC)
 Separation of Parents
• “Tender age presumption” - If child under 7 years
old, the mother shall exercise parental authority
unless there is compelling reason to separate
child from the mothero, 739 SCRA 337).
• Child over 7, consider child’s choice, unless the
parent chosen is unfit.
• Only the exercise of parental authority is given
when custody is awarded; other spouse still
retains parental authority, which may be
exercised through visitorial rights.
 Death, absence, unsuitability of both
parents
• Art. 214. In case of death, absence or
unsuitability of the parents, substitute
parental authority shall be exercised by the
surviving grandparent.
• In case several survive, the one designated
by the court, taking into account the same
consideration mentioned in the preceding
article, shall exercise the authority
 SUBSTITUTE PARENTAL
AUTHORITY
• Art. 216. In default of parents or a judicially
appointed guardian, the following person
• shall exercise substitute parental authority over the
child in the order indicated:
• (1) The surviving grandparent, as provided in Art.
214;
• (2) The oldest brother or sister, over twenty-one
years of age, unless unfit or
• disqualified; and
• (3) The child's actual custodian, over twenty-one
a. Death
Parentalof parents;
authority terminates
permanently:
b. Death of child;
c. Emancipation of
child.
 Unless subsequently revived by final
judgment, parental authority also
TERMINATES:
• a. Adoption of child;
• b. Appointment of general guardian;
• c. Judicial declaration of abandonment;
• d. Final judgment divesting the parent of parental
authority.
• e. Judicial declaration of absence or incapacity of
the person exercising parental authority. (FC, Arts.
228 and 229)
 SUBSTITUTE PARENTAL
AUTHORITY
• Art. 216. In default of parents or a judicially
appointed guardian, the following person
• shall exercise substitute parental authority over the
child in the order indicated:
• (1) The surviving grandparent, as provided in Art.
214;
• (2) The oldest brother or sister, over twenty-one
years of age, unless unfit or
• disqualified; and
• (3) The child's actual custodian, over twenty-one
 Suspension of parental authority
• Conviction of crime with penalty of civil interdiction
(Art. 230, FC) - Automatically reinstated upon
service of
• 1. penalty/pardon/amnesty
• 2. Treats the child with excessive harshness or
cruelty;
• 3. Gives corrupting orders, counsel or example;
• 4. Compels the child to beg
• 5. Subjects/allows child be subjected to acts of
lasciviousness - Sexual abuse ground for
 Suspension of parental authority
• PERMANENT DEPRIVATION of PA (Art
• 232,FC)
• 6. Culpable negligence of parent or person
• exercising parental authority. (Art 231, FC)
EMANCIPATION
 EMANCIPATION
takes place by the attainment of majority at
the age of 18 years (FC, Art. 234,as
amended by RA 6809).
 Effects of emancipation
• a. It shall terminate parental authority
over the child’s person and property
• b. The child shall be qualified and
responsible for all acts of civil life
 Exceptions:
• 1. Contracting marriage shall require
parental consent until the age of 21.
• 2. The responsibility of parents or
guardians for children and wards below
21 under the second and third
paragraphs of Art. 2180 of the NCC shall
not be derogated.
 Article 2180, NCC
The father and, in case of his death or
incapacity, the mother, are responsible for
the damages caused by the minor children
who live in their company.
Guardians are liable for damages caused
by the minors or incapacitated persons
who are under their authority and live in
their company.