LECTURE NOTES ON FAMILY RELATIONS

Rights and Obligations of Husband and Wife:

1. To live together (68)
2. To observe mutual love, respect and fidelity (68)
- SEE Use of Surnames (Title XIII, Book I)
3. To render mutual help and support (68)
- Either spouse may exercise any legitimate profession, occupation,
business or activity without the consent of the other. The latter may
object only on valid, serious, and moral grounds. In case of
disagreement, the court shall decide (73)
4. To fix the family domicile (69)
- In case of disagreement, the court shall decide.
- When may the court exempt one spouse from living with the other?
- SEE Family Home (Title V, Chapter 2)
5. Jointly responsible for the support of the family (70)
- Which will cover the expenses for support?
a. from the community/conjugal property
b. in the absence thereof, from the income or fruits of their
separate properties
c. In case of insufficiency or absence of said income or fruits,
such obligations shall be satisfied from the separate properties
- SEE Support (Title VIII)
- SEE Parental Authority (Title IX) vs Substitute and Special Parental
Authority
6. Jointly responsible for the management of the household (71)
- Which will cover the expenses for management? (same as 70)

What happens when either spouse fails to comply with their obligations? 72,
Anti-VAWC

What will govern the property relations between husband and wife? In the
following order (Title IV, 74)
1. By marriage settlement executed before the marriage (75-81)
SEE provisions on Donations by Reason of Marriage (82-87); Donation
between spouses before the marriage (84); Donation between spouses
during the marriage (87); Sale between spouses (1490, CC)
2. By the provisions of the Family Code
Property Regimes:
a. Absolute Community of Property (ACP)
b. Conjugal Partnership of Gains (CPG)
c. Complete Separation of Property (CSP)
In the absence of a marriage settlement, or when the regime agreed upon
is void, the system of ACP shall govern (75).
SEE NOTES ON PROPERTY REGIME
3. By local custom

What will govern the property relations of unions without marriage? (147,
148)

The Family as an Institution (Title V)

Lecture Notes on Family Relations

Atty. Ida Marie V. Escolano-Canton
Adopted from Civil Law Outlines: Persons and Family (Atty. Joemer C. Perez) 1
 - the foundation of the nation;
- A basic social institution which public policy cherishes and protects.
- Family relations are governed by law and no custom, practice or
agreement destructive of the family shall be recognized or given effect.
(149)
- No suit between members of the same family shall prosper unless it
should appear from the verified complaint or petition that earnest
efforts toward a compromise have been made (151)
- Family relations include those:
(1) Between husband and wife;
(2) Between parents and children;
- SEE: Paternity and Filiation (Title VI)
- SEE: Adoption (VII)
(3) Among brothers and sisters, whether of the full or halfblood (150)
- Family Courts Act of 1997 (Republic Act No. 8369)
a. The State shall: protect the rights and promote the welfare of
children; provide a system of adjudication for youthful offenders
which takes into account their peculiar circumstances; recognizes
the sanctity of family life and shall protect and strengthen the family
as a basic autonomous social institution; preserve the solidarity of
the family, provide procedures for the reconciliation of spouses and
the amicable settlement of family controversy.
b. SEE Jurisdiction of Family Courts:

Family Home (Title V, Chapter 2)

- The law protects the family home because it is necessary in the
preservation of the family as a basic social institution. It is a sacred symbol
of family love and repository of cherished memories that last during one’s
lifetime. It is the sanctuary of that union which the law declares and
protects as a sacred institution; and likewise a shelter for the fruits of that
union. (Josef vs Santos)
- It is constituted jointly by the spouses or by an unmarried head of a family.
It is the dwelling house where they and their family reside, and the land on
which it is situated (152).
- It must be ACP/CPG property or exclusive property of either spouse with
the latter’s consent. If constituted by an unmarried head of family, it must
be his/her own property (156)
- Legal Effects:
a. It is generally free from execution, forced sale, or attachment (155;
value 157)
i. For nonpayment of taxes;
ii. For debts incurred prior to the constitution of the family home;
iii. For debts secured by mortgages on the premises before or
after such constitution; and
iv. For debts due to laborers, mechanics, architects, builders,
materialmen and others who have rendered service or
furnished material for the construction of the building.
b. It may be sold, alienated, donated, assigned or encumbered by the
owner or owners thereof with the written consent of the person
constituting the same, the latter's spouse, and a majority of the

Lecture Notes on Family Relations

Atty. Ida Marie V. Escolano-Canton
Adopted from Civil Law Outlines: Persons and Family (Atty. Joemer C. Perez) 2
 beneficiaries of legal age. In case of conflict, the court shall decide
(158)
c. It 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.(159)
- How and when constituted? The family home is deemed constituted on a
house and lot from the time it is occupied as a family residence (153). No
judicial proceedings or registration of public instrument (unlike in the Civil
Code) (Arriola vs Arriola). Related Judicial Action: Petitions for the
constitution of the family home; A person may constitute, or be the
beneficiary of, only one family home (161).
- The beneficiaries of a family home are: (1) The husband and wife, or an
unmarried person who is the head of a family; and (2) Their parents,
ascendants, descendants, brothers and sisters, whether the relationship
be legitimate or illegitimate, who are living in the family home and who
depend upon the head of the family for legal support.

Paternity and Filiation (Title VI)

- Paternity or maternity is the status or relation of the parent with respect to
his or her child.
- Filiation is the status or relation of a child with respect to his or her parents.
(163) The filiation may be:
1. By nature
a. Legitimate Children
- children conceived OR born during the marriage of parents
(164). Thus:
i. A child conceived before marriage (premarital), but born
after his parents got married, is legitimate.
ii. A child conceived during marriage, but born after the
marriage has already been terminated (ex: death of
either/both parent, dissolution of marriage), is legitimate.
- children conceived as a result of artificial insemination of the
wife with the sperm of the husband or that of a donor or both
are likewise legitimate, provided that:
i. both of them authorized or ratified such insemination in
a written instrument executed and signed by them
before the birth of the child.
ii. The instrument shall be recorded in the civil registry
together with the birth certificate of the child.(164)
- The child shall be considered legitimate although the mother
may have declared against its legitimacy or may have been
sentenced as an adulteress.(167)
- The child shall be considered legitimate by express provision
of law:
i. Children conceived or born before finality of the
judgment of annulment (54);
Ii. Children conceived or born before finality of the judgment
of absolute nullity of marriage under Art. 36 (psychological
incapacity) (54);

Lecture Notes on Family Relations

Atty. Ida Marie V. Escolano-Canton
Adopted from Civil Law Outlines: Persons and Family (Atty. Joemer C. Perez) 3
 iii. Children conceived or born of the subsequent marriage
under Art. 53 (void for failure to comply with
requirements of delivery of presumptive legitime, etc)
(54);
iv. Children of a marriage under Art. 41-42 (a subsequent
marriage after the spouse is declared presumptively
dead) who were conceived before its termination by the
reappearance of the presumptively dead spouse;
- Rights of Legitimate Children (174)
(1) To bear the surnames of the father and the mother, in
conformity with the provisions of the Civil Code on Surnames;
(2) To receive support from their parents, their ascendants,
and in proper cases, their brothers and sisters, in conformity
with the provisions of this Code on Support; and
(3) To be entitled to the legitimate and other successional
rights granted to them by the Civil Code.
b. Illegitimate Children
- Children conceived AND born outside a valid marriage are
illegitimate, unless otherwise provided in this Code. (165, 54)
- How to establish illegitimate filiation?
i. It is established in the same way and on the same evidence
as legitimate children (175)
ii. The action must be brought within the same period as that
for actions to claim legitimacy under 173 (175) by (a) the child,
during his or her lifetime or (b) the child’s heirs should the
child die during minority or in a state of insanity - within 5
years from child’s death (173). However, when the action is
based on secondary evidence (172), the action must be
brought during the lifetime of the alleged parent (175).
- Rights of Illegitimate Children (176)
(1) To use the surname of their mother (SEE Amendment by
RA 9255, Revilla Law)
(2) To be under the parental authority of their mother,
(3) To receive support in conformity with this Code.
(a) The illegitimate child is entitled to support from his
father (and not only from his mother)
(Montefalcon vs Vasquez)
(4) To be entitled to legitime consisting of one-half of the
legitime of a legitimate child.
c. Legitimated Children
- It is the process or mode by which children conceived and
born outside of marriage are given the status of legitimacy
through the subsequent marriage of their parents.
- Who may be legitimated? Only children conceived and born
outside of wedlock of parents who, at the time of the
conception of the former, were not disqualified by any
impediment to marry each other may be legitimated.(177). If
the disqualification is due to minority, the child can be
legitimated (as amended by RA 9858)
- How legitimated? By the subsequent valid marriage between
the parents (178)

Lecture Notes on Family Relations

Atty. Ida Marie V. Escolano-Canton
Adopted from Civil Law Outlines: Persons and Family (Atty. Joemer C. Perez) 4
 - Effects: (1) Legitimated children shall enjoy the same rights
as legitimate children (179); (2) The effects of legitimation
shall retroact to the time of the child’s birth (180); (3) The
legitimation of children who dies before the celebration of the
marriage shall benefit their descendants (181)
- Can this be impugned? Legitimation may be impugned only
by those who are prejudiced in their rights, within five years
from the time their cause of action accrues.(182). Cause of
action accrues from the death of alleged parent (777, NCC).
2. By adoption (Title VII)
- it is a juridical act which creates between two persons a
relationship similar to that which results from legitimate paternity and
filiation.
- A person may adopt (a) a total stranger or (b) a relative, such as a
sibling or his or her own illegitimate child, to give the latter legitimate
status.
- The best interest of the child is the primary consideration in the
determination of an application for adoption.
- The provisions of the Family Code on Adoption are deemed
repealed or modified insofar as inconsistent with Domestic Adoption
Act of 1998, Inter-Country Adoption Act, DSWD Rules and
Regulations.
- Avoid customary practices of birth simulation (Simulation of birth is
punishable by imprisonment and fine under Sec. 21 (b) of RA 8552)
- WRA: Videos related to Adoption
- Watch: Instant Family
- Effects of Adoption:
a. All legal ties between the biological parents and the adoptee shall
be severed and then vested on the adopter, except where the
biological parents is the spouse of the adopter.
b. The adoptee shall be considered the legitimate child of the
adopter for all intents and purposes and as such, is entitled to all the
rights and obligations provided by law to legitimate children born to
them without discrimination of any kind.
- However, the relationship established by adoption is limited solely
to the adopter and the adopted, and does not extend to the relatives
of the adopting parents or of the adopted child.
c. The adopted cannot acquire the citizenship of the adopter by
virtue of adoption. Adoption is not recognized by law as a way of
acquiring citizenship.

Rules on Filiation
Rules in case the marriage is terminated and then the mother gives birth to a
child (PDF)

Lecture Notes on Family Relations

Atty. Ida Marie V. Escolano-Canton
Adopted from Civil Law Outlines: Persons and Family (Atty. Joemer C. Perez) 5
Action to impugn legitimacy
- The legitimacy of a child can be impugned only in a direct action brought for
that purpose (not by collateral attack) on the grounds specified by law, by the
proper parties, and within the prescriptive period provided by law. The following
rules apply to a case where a father (or his heirs) denies that a person is his
legitimate child
- Grounds: (166)
(1) That it was physically impossible for the husband to have sexual intercourse
with his wife within the first 120 days of the 300 days which immediately
preceded the birth of the child because of:
(a) the physical incapacity of the husband to have sexual intercourse with his
wife;
(b) the fact that the husband and wife were living separately in such a way that
sexual intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented sexual intercourse;

(2) That it is proved that for biological or other scientific reasons, the child could
not have been that of the husband, except in the instance provided in the second
paragraph of Article 164; or
(3) That in case of children conceived through artificial insemination, the written
authorization or ratification of either parent was obtained through mistake, fraud,
violence, intimidation, or undue influence.
- Prescriptive Period (170)
1. if the husband or, in a proper case, any of his heirs, should reside in the city or
municipality where the birth took place or was recorded - within one year from the
knowledge of the birth or its recording in the civil register
2. If the husband or, in his default, all of his heirs do not reside at the place of
birth or where it was recorded - within two years if they should reside in the
Philippines; and three years if abroad
3. If the birth of the child has been concealed from or was unknown to the
husband or his heirs, the period shall be counted from the discovery or
knowledge of the birth of the child or of the fact of registration of said birth,
whichever is earlier.
4. After the lapse of the prescriptive period, the child’s legitimate status becomes
fixed and can no longer be assailed. The prescription is intended to prevent the
status of a child from being in the state of uncertainty for a long time, as well as

Lecture Notes on Family Relations

Atty. Ida Marie V. Escolano-Canton
Adopted from Civil Law Outlines: Persons and Family (Atty. Joemer C. Perez) 6
to force early action so that evidence could be promptly produced while still
available.
- Who may impugn (171)
GR: only the husband may impugn
EXC: the heirs of the husband may impugn the filiation of the child within the
period prescribed in 170, only in the following cases:
(1) If the husband should died before the expiration of the period fixed for
bringing his action;
(2) If he should die after the filing of the complaint without having desisted
therefrom; or
(3) If the child was born after the death of the husband.

Action to claim legitimacy

Who may file (173)
1. The child
2. The child’s heirs, should the child die during minority or in a state of insanity
Prescriptive period (173)
1. If by child - during his lifetime
2. If by child’s heirs - within 5 years from child’s death
Proof of Filiation (172)
1. Primary Evidence
- The record of birth appearing in the civil register or a final judgment; or
- An admission of legitimate filiation in a public document or a private handwritten
instrument and signed by the parent concerned
2. Secondary Evidence
- The open and continuous possession of the status of a legitimate child
(Example: use of the father’s surname; receipt of support, social recognition of
filiation)
- Any other means allowed by the Rules of Court and special laws.
(Example: baptismal certificate, judicial admission, a family bible in which child’s
name has been entered, common reputation respecting his pedigree, admission
by silence, the testimonies of witnesses, and other kinds of proof admissible
under Rule 130, Rules of Court; DNA testing to determine paternity)

Action to claim illegitimacy

i. It is established in the same way and on the same evidence as legitimate
children (175)
ii. The action must be brought within the same period as that for actions to claim
legitimacy under 173 (175) by (a) the child, during his or her lifetime or (b) the
child’s heirs should the child die during minority or in a state of insanity - within 5
years from child’s death (173). However, when the action is based on secondary
evidence (172), the action must be brought during the lifetime of the alleged
parent (175).

Support (Title VIII)

- compromises of everything indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation, in keeping with the financial
capacity of the family. (194)
- Education includes his schooling or training for some profession, trade or
vocation, even beyond the age of majority.
- Transportation include expenses in going to and from school, or to and from

Lecture Notes on Family Relations

Atty. Ida Marie V. Escolano-Canton
Adopted from Civil Law Outlines: Persons and Family (Atty. Joemer C. Perez) 7
place of work.
- Support includes funeral expenses (305, CC)
- can be conventional or legal support. The following are characteristics of legal
support: personal, intransmissible, cannot be renounced, cannot be
compensated with another obligation, cannot be compromised, free from
attachment or execution, reciprocal, variable in amount (depending on needs of
obligee and capacity of obligor)
- Anti-VAWC and economic abuse
- Who has the obligation to support? (195) the following are obliged to support
each other:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate and illegitimate
children of the latter;
(4) Parents and their illegitimate children and the legitimate and illegitimate
children of the latter; and
(5) Legitimate brothers and sisters, whether of full or half-blood
* Brothers and sisters (whether or) not legitimately related, whether of the full or
half-blood (196)
Note: In an action for support, the court may grant support pendente lite, until an
authoritative declaration has been made as to the existence of the relationship.
- Order of Preference (199)
Whenever two or more persons are obliged to give support, the liability shall
devolve upon the following persons in the order herein provided:
(1) The spouse;
(2) The descendants in the nearest degree;
(3) The ascendants in the nearest degree; and
(4) The brothers and sisters.
- Concurrent obligation to give support (200) When the obligation to give support
falls upon two or more persons, the payment of the same shall be divided
between them in proportion to the resources of each.
- Concurrent rights to receive support (200) When two or more recipients at the
same time claim support from one and the same person legally obliged to give it,
should the latter not have sufficient means to satisfy all claims, the order
established in the preceding article shall be followed, unless the concurrent
obligees should be the spouse and a child subject to parental authority, in which
case the child shall be preferred.
- Amount of Support (201) The amount of support, in the cases referred to in
Articles 195 and 196, shall be in proportion to the resources or means of the
giver and to the necessities of the recipient.The amount of support may be
reduced or increased (202)
- Form of Support (202) (1) fixed allowance; (2) receiving and maintaining in the
family dwelling
- Source of Support The source of support entitled to spouses and common
children must come from community/conjugal property. If insufficient, the spouses
shall be solidarily liable with their separate properties (94, 121). For illegitimate
children, ascendants, brothers and sisters, only the parent’s separate property is
answerable. If not sufficient, may be advanced from community/conjugal
properties. The advances shall be deducted from the share of the spouse obliged
upon liquidation of the property regime (197)

Lecture Notes on Family Relations

Atty. Ida Marie V. Escolano-Canton
Adopted from Civil Law Outlines: Persons and Family (Atty. Joemer C. Perez) 8
- DISCUSSION FORUM (Support for Parents/Ascendants) Should
Children/Descendants be penalized/sanctioned for not supporting their
parents/ascendants?

Parental Authority (Title IX)

- Pursuant to 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.
(209)
- GR: Parental authority and responsibility may not be renounced or transferred
(210)
EXC: Adoption, Guardianship, Surrender (in writing) to children’s home or asylum
Note: A parent may regain custody of the child who was merely entrusted to
another (Celis vs Cafuir).
- Duties of Children (211) Children shall always observe respect and reverence
towards their parents and are obliged to obey them as long as the children are
under parental authority.
- Who exercises parental authority (211)
a. The father and the mother shall jointly exercise parental authority over the
persons of their common children. In case of disagreement, the father's decision
shall prevail, unless there is a judicial order to the contrary.
b. Parental authority over illegitimate children belongs to the mother.
c. Parental authority remains with the parents, even if they are abroad (Aldecoa
vs HKSB)
d. In case of absence or death of either parent, the parent present shall continue
exercising parental authority. The remarriage of the surviving parent shall not
affect the parental authority over the children, unless the court appoints another
person to be the guardian of the person or property of the children.(212)
e. In case of separation of the parents, parental authority shall be exercised by
the parent designated by the Court. The Court shall take into account all relevant
considerations, especially the choice of the child over seven years of age, unless
the parent chosen is unfit.(213) WATCH: Kramer vs Kramer; RESEARCH:
Tender Age Presumption
f. 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 213 (214).

CONNECT: Care and Education of Children (Title XII, Book I) Child and Youth
Welfare Code and other special relevant laws on Child Protection

Substitute Parental Authority vs Special Parental Authority

Substitute Parental Authority Special Parental Authority

Exercised in case of death, absence Exercised while the child is in the

or unsuitability of parents temporary custody or supervision of
the person with special parental
authority

Lecture Notes on Family Relations

Atty. Ida Marie V. Escolano-Canton
Adopted from Civil Law Outlines: Persons and Family (Atty. Joemer C. Perez) 9
 It is not concurrent with the parental It is concurrent with the parental
authority of the actual parents authority of the parents.

(1) The surviving grandparent, as The school, its administrators and

provided in Art. 214; teachers, or the individual, entity or
institution engaged in child are shall
(2) The oldest brother or sister, over have special parental authority and
twenty-one years of age, unless unfit responsibility over the minor child
or disqualified; and while under their supervision,
instruction or custody.
(3) The child's actual custodian, over
twenty-one years of age, unless unfit Authority and responsibility shall apply
or disqualified. (216) to all authorized activities whether
inside or outside the premises of the
* In case of foundlings, abandoned school, entity or institution. (218)
neglected or abused children and
other children similarly situated,
parental authority shall be entrusted in
summary judicial proceedings to
heads of children's homes,
orphanages and similar institutions
duly accredited by the proper
government agency.(217)

The parents, judicial guardians or the They shall be principally and solidarily
persons exercising substitute parental liable for damages caused by the acts
authority over said minor shall be or omissions of the unemancipated
subsidiarily liable.(219, 221) minor.(219)

The respective liabilities of those referred to in the preceding paragraph shall

not apply if it is proved that they exercised the proper diligence required under
the particular circumstances. (219)

- Rights and Duties of Parents and Those Exercising Parental Authority (220)
(1) To keep them in their company, to support, educate and instruct them by right
precept and good example, and to provide for their upbringing in keeping with
their means;
(2) To give them love and affection, advice and counsel, companionship and
understanding;
(3) To provide them with moral and spiritual guidance, inculcate in them honesty,
integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in
civic affairs, and inspire in them compliance with the duties of citizenship;
(4) To furnish them with good and wholesome educational materials, supervise
their activities, recreation and association with others, protect them from bad
company, and prevent them from acquiring habits detrimental to their health,
studies and morals;
(5) To represent them in all matters affecting their interests;
(6) To demand from them respect and obedience;
(7) To impose discipline on them as may be required under the circumstances;
and

Lecture Notes on Family Relations

Atty. Ida Marie V. Escolano-Canton
Adopted from Civil Law Outlines: Persons and Family (Atty. Joemer C. Perez) 10
(8) To perform such other duties as are imposed by law upon parents and
guardians.
- Effect of Parental Authority Upon the Property of the Children (225-227)
- Suspension of Parental Authority
1. Automatic Suspension - parent is convicted of a crime which carries the
penalty of civil interdiction (230)
2. Judicial Suspension (231) - The court in an action filed for the purpose in a
related case may also suspend parental authority if the parent or the person
exercising the same:
a. Treats the child with excessive harshness or cruelty;
b. Gives the child corrupting orders, counsel or example;
c. Compels the child to beg; or
d. Subjects the child or allows him to be subjected to acts of lasciviousness.
3. Deprivation of Authority
a. If the degree of seriousness so warrants, or the welfare of the child so
demands, the court (231) shall deprive the guilty party of parental authority or
adopt such other measures as may be proper under the circumstances.
b. If the person exercising parental authority has subjected the child or allowed
him to be subjected to sexual abuse, such person shall be permanently deprived
by the court of such authority. (232)
- Termination of Parental Authority (229)
Unless subsequently revived by a final judgment, parental authority also
terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general guardian;
(3) Upon judicial declaration of abandonment of the child in a case filed for the
purpose;
(4) Upon final judgment of a competent court divesting the party concerned of
parental authority; or
(5) Upon judicial declaration of absence or incapacity of the person exercising
parental authority.

Lecture Notes on Family Relations

Atty. Ida Marie V. Escolano-Canton
Adopted from Civil Law Outlines: Persons and Family (Atty. Joemer C. Perez) 11