Itl - Week 5

INTRO (CLM1) – MODULE 6: Family Relations, Emancipation,
Funerals, & Use of Surnames 1
MODULE 6
FAMILY RELATIONS, EMANCIPATION,
and USE OF SURNAMES
WEEK 5 – 27 August 2018
THE FAMILY
❶ Family defined. – The term “family” may be defined

as “the natural and social institution which, founded on the
conjugal union, binds together the individuals who compose
it for the common accomplishment of the material and
spiritual ends of life, under the authority of the original
ascendant who heads it.
⮲ The family is a basic social institution which
public policy cherishes and protects. No custom, practice, or
agreement which is destructive of the family shall be
recognized or given effect.
❷ Extent of “Family Relations”. – The scope and

coverage of the term “family relations” is defined in Article
150 of the Family Code as follows:
“ARTICLE 150. – Family relations include

those:
(1) Between husband and wife;
(2) Between parents and children;
(3) Among other ascendants and
descendants; and
(4) Among brothers and sisters, whether of the
full or half-blood. (217a)
❸ Family solidarity. – Because of the very important

role that the family plays in nation building, it is the policy of
the state to strengthen family solidarity.
⮲ “Earnest efforts toward compromise.” – This

policy of the state is exemplified and given flesh in the
provisions of Article 151 of the Family Code, which requires
that earnest efforts toward a compromise be first exerted
before action or suit between or among members of the
same family may be given due course.
⮲ “Members of the same family.” – The phrase

“members of the same family” in Article 151 refer to the
persons named in Article 150 of the Family Code above.
(a) A suit filed by the children against their father for
illegally withdrawing bank deposits in their name is covered
by the rule on prior earnest efforts toward a compromise.
(Jimenez vs. Jimenez, G.R. No. L-26797, 27 May 1968,
(b) A sister-in-law is a stranger with respect to the family
of their spouses and, as such, the mandatory requirement of
“earnest effort toward a compromise” does not apply to
them. (Martinez vs. Martinez, G.R. No. 162084, 28 June
2005, 461 SCRA 562.)
⮲ Effect of failure to comply with Article 151. –

Considering that Article 151 starts with the negative word
“No,” the requirement is mandatory that the complaint or
petition, which must be verified, should allege that earnest
efforts toward a compromise have been made but that the
same failed. If it is shown that no such efforts were in fact
made, the case must be dismissed. The attempt to
compromise as well as its failure or inability to succeed is,
therefore, a condition precedent to the filling of a suit
between members of the same family in court.
THE FAMILY HOME
❶ Family home defined. – The family home is a

sacred symbol of family love and is the repository of
cherished memories that last during one’s lifetime. It is the
dwelling house where the husband and wife, or an
unmarried head of a family, reside, including the land on
which it is situated. (Article 152, FC.)
⮲ Ownership of land – It is required that the family

home be built on land forming part of the the absolute
community or the conjugal partnership, or the exclusive
properties of any one of the spouses, or an unmarried head
of the family. (Article 156, FC.)
❷ How constituted. – The family home is deemed

constituted on a house and lot from the time it is occupied as
a family residence. (Article 152, FC.)
⮲ From the time of its constitution, and so long as
any of its beneficiaries actually resides therein, the family
home continues to be such. (Article 153, FC.)
❸ Beneficiaries of the family home. – The

beneficiaries of the family home are:
(a) The husband and wife, or an unmarried person who is
the head of a family; and
(b) 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. (Article 154, FC.)
❹ Advantages of a family home. – The family home is

exempt from execution, forced sale, or attachment. It is
liable only for:
(a) Non-payment of taxes;

(b) Debts incurred prior to the constitution of the family
home;
(c) Debts secured by mortgage on the premises before or
after such constitution; and
(d) Debts due to laborers, mechanics, architects,
builders, materialmen and others who have rendered
service or furnished material for the construction of
the building. (Article 155, FC.)
PATERNITY AND FILIATION
❶ Paternity and filiation distinguished. – Paternity is

the civil status of a father in relation to his child. Filiation, on
the other hand, is the civil status of a child in relation to his
or her parents. In other words, paternity speaks of the
father’s relation to his child, while filiation refers to the child’s
relation to his or her parents.
❷ Types of filiation. – The filiation of children may be

by nature, or by adoption. (Art. 163, FC.)
⮲ Natural filiation, which is established by blood

relationship, can either be legitimate or illegitimate. (Art.
163, FC.)
⮲ Filiation may likewise be created by a judgment
of adoption. Through a judgment of adoption, a legitimate
filiation is created, by legal fiction between parent or parents,
and a child.
❸ Status of children; how determined. – Under the

Family Code, the legitimacy or illegitimacy of a child attaches
upon its conception. In other words, the law and only the
law determines who the legitimate or illegitimate children
are. It cannot be made dependent on the declaration of the
attending physician or midwife, or that of the mother of the
newborn child.
⮲ Status must be judicially determined. – Paternity
and filiation or the lack of the same is a relationship that
must be judicially established. Only the court can determine
its existence or absence. It cannot be left to the will or
agreement of the parties.
❹ Legitimate children. – Legitimate children have

been defined as those conceived or born during the
marriage of the parents. (Art. 164, par. 1, FC.)
⮲ The child may be conceived before the marriage

of the parents but born after they marry each other. It may
be conceived after the celebration of the marriage and born
during its subsistence, which is the usual case. Lastly, it
may be conceived during the marriage, but born after the
termination of the marriage. In all these instances the child
is considered legitimate.
⮲ Illustrative examples:
(a) Juan, a married man, has an affair with his unmarried
secretary. The secretary gets pregnant. The wife of the
married man dies of a heart attack when she learns of the
pregnancy. After the death of the wife, Juan maries the
secretary. After the subsequent marriage, the child is born.
Note here that the child was conceived at the time the father
is still married to another person. However, this
notwithstanding, the child will be presumed the legitimate
child of Juan and the secretary having been born during the
subsequent marriage.
(b) Honey and Sweetie are married. Honey gets
pregnant after which Sweetie dies. To alleviate her
loneliness, Honey lives with Pong, who is separated from his
wife. During the cohabitation of Pong and Honey, a child is
born. The child will be considered the legitimate child of
Honey and Sweetie.
⮲ Children conceived of artificial insemination –

Likewise considered legitimate are children conceived of
artificial insemination of the wife with the sperm, either of the
husband or donor, or both, provided that both the husband
and the wife authorized or ratified such insemination in a
written instrument executed and signed by them before the
birth of the child. This instrument is required to be recorded
in the local civil registry together with the birth certificate of
the child. (Art. 164, par. 2, FC.)
⮲ The law favors legitimacy over illegitimacy. –

There is perhaps no presumption of the law more firmly
established and founded on sounder morality and more
convincing reason than the presumption that children born in
wedlock are legitimate. This presumption, however, may be
availed of only upon convincing proof of the factual basis
therefor, i.e., that the child’s parents are legally married, and
that his or her conception or birth occurs during the
law that a child is legitimate does not arise. ( 👓

subsistence of that marriage; otherwise, the presumption of
case of Concepcion vs. CA and Almonte, G.R. No. 123450,

Read the
31 August 2005, 468 SCRA 438.)
⮲ How to rebut presumption; grounds to impugn

legitimacy – The presumption of legitimacy of the child,
however, is not conclusive and, consequently, may be
overthrown by evidence to the contrary. The grounds for

impugning the legitimacy of a child conceived or born during
a valid marriage are enumerated in Article 166 of the Family
Code, to wit:
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.
⮲ Proper party to impugn legitimacy – As a rule,

impugning the legitimacy of the child is a strictly persona
right of the husband for the simple reason that he is the one
directly confronted with the scandal and ridicule which the
infidelity of the wife produces, and he should be the one to
decide whether to conceal that infidelity or expose it in view
of the moral and economic interest involved. It is only in
exceptional cases that his heirs are allowed to contest such

legitimacy. (Arts. 170 & 171, FC.)
⮲ Mother not allowed to declare own child

illegitimate – The law provides the presumption that the child
shall be considered legitimate although the mother may have
declared against its legitimacy, or may have been sentenced
as an adulteress. (Art. 167, FC.)
❺ Illegitimate children – Generally, illegitimate

children are those conceived and born outside a valid
marriage. (Art. 165, FC.) The connective “and” between the
terms “conceived” and “born” gives rise to the basic
distinction between an illegitimate child, on the one hand,
and a legitimate child who is “conceived or born” during the
marriage of the parents, on the other hand.
❻ Accepted proof of filiation. – The filiation of

legitimate and illegitimate children is established by any of
the following:
(a) The record of birth appearing in the civil register or a
final judgment; or
(b) An admission of legitimate filiation in a public
document or a private handwritten instrument and signed by
the parent concerned.
In the absence of the foregoing evidence, legitimate
or illegitimate filiation shall be proved by:
(a) The open and continuous possession of the status of
a legitimate child; or
(b) Any other means allowed by the Rules of Court and
special laws. (Arts. 172 &173, FC.)
❼ Legitimated children. –
⮲ Concept of legitimation – Legitimation is a right

granted by law to a child conceived and born outside of
wedlock of parents who, at the time of the conception of said
child, were not disqualified by any impediment to marry each
other. The process of legitimation takes place automatically
by the subsequent valid marriage of the parents and, as a
result of which, such illegitimate child becomes a legitimate
child of the spouses.
⮚ If the only reason for the disqualification of
the parents to marry each other, at the time their illegitimate
child is conceived, is because either or both of them are
below 18 years of age, the child begotten by them may
nevertheless be legitimated. (Arts. 177 & 178, FC.)
⮲ Effects of legitimation; retroactive – Prior to the

marriage of the parents of the child, the child’s status is that
of an illegitimate child since he or she was born outside of a
valid marriage. Upon the marriage of the child’s parents, the
child is automatically raised to the status of legitimacy,
without need of any additional act on the part of either the
child or of the parents. A legitimated child is to be
considered as a legitimate child of the spouses from the time
of the child’s birth, and not only from the time of the marriage
of the parents, since the effects of legitimation retroacts to
the time of the child’s birth.
ADOPTION
❶ Adoption defined. – Adoption has been defined as

“a juridical act which creates between two (2) persons a
relationship similar to that which results from legitimate
paternity and filiation.” It is the process of making a child,
whether related or not to the adopter, possess in general, the
rights accorded to a legitimate child.
❷ Adoption is a juridical act. – Adoption is essentially

a juridical act. As such, only an adoption made through the
court, or in pursuance with the procedure laid down under
the law is valid in this jurisdiction. To establish the relation,
the statutory requirements must be strictly carried out;
otherwise, the adoption is an absolute nullity. Hence, in the
following cases, there cannot be a valid adoption of the child
as to grant it the rights accorded to a legitimate child of the
adopters:
(a) A written agreement for the adoption of the child
between the biological parents and the adoptive parents
cannot have the effect of adoption.
(b) A child who is simply treated as a child of a certain
couple, although not related to them by blood, does not
enjoy the same rights accorded to legitimate children, in the
absence of a judicial decree of adoption.
(c) The mere registration of a child in his or her birth
certificate as the child of the supposed parents is not a valid
adoption and does not confer upon the child the status of an
adoptee and the legal rights of such child.
❸ Who may adopt. – Under Section 7 of Republic Act
No. 8552 (otherwise known as the Domestic Adoption Act of
1998), the following may adopt:
(a) Any Filipino of legal age, in possession of full civil

capacity and legal rights, of good moral character, has not
been convicted of any crime involving moral turpitude,
emotional and psychologically capable of caring for children,
at least 16 years older than the adoptee, and who is in a
position to support and care for his children in keeping with
the means of the family;
(b) Any alien possessing the same qualifications as
above stated so long as his country has diplomatic relations
with the Republic of the Philippines, and he has been living
in the country for at least three (3) continuous years prior to

the filing of the application for adoption and shall maintain
such residence until an adoption decree is entered.
Moreover, said alien should be certified by his diplomatic
office as having legal capacity to adopt, and that his
government allows such adoptee to enter his country as his
adopted child; or
(c) The guardian of the child, upon termination of the
guardianship, and after satisfaction of his financial
accountabilities.
❹ Who may be adopted. – Under Section 8 of

Republic Act No. 8552 (otherwise known as the Domestic
Adoption Act of 1998), the following may be adopted:
(a) Any person below eighteen (18) years of age who has
been administratively or judicially declared available for
adoption;
(b) The legitimate son or daughter of one spouse, by the
other spouse;
(c) An illegitimate son or daughter, by a qualified adopter,
to improve his/her status to that of legitimacy;
(d) A person of legal age if, prior to the adoption, said
person has been consistently considered and treated by the
adopter as his own child since minority;
(e) A child whose adoption has been previously
rescinded;
(f) A child whose biological or adoptive parent has died.
It should be noted that no proceedings should be initiated
within six (6) months from the time of death of said parent.
❺ RA 8043. – Republic Act No. 8043, otherwise

known as “The Inter-Country Adoption Act of 1995” provides
for the process of adopting a Filipino child by a foreigner or a

Filipino citizen residing abroad. This is in accord with the
policy of the State to provide every neglected and
abandoned child with a family that will provide such child
with love and care as well as opportunities for growth and
development.
SUPPORT
❶ Legal support defined. – Support comprises

everything indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation, in
keeping with the financial capacity of the family.
The education of the person entitled to be supported
referred to in the preceding paragraph shall include his
schooling or training for some profession, trade or vocation,
even beyond the age of majority. Transportation shall
include expenses in going to and from school, or to and from
place of work. (Art. 194, FC.)
❷ Persons obliged. – The following are obliged to

support each other to the whole extent set forth in the
preceding article:
(a) The spouses;
(b) Legitimate ascendants and descendants;
(c) Parents and their legitimate children and the
legitimate and illegitimate children of the latter;
(d) Parents and their illegitimate children and the
legitimate and illegitimate children of the latter; and
(e) Legitimate brothers and sisters, whether of the full or
half-blood. (Art. 195, FC.)
⮲ Brothers and sisters not legitimately related,
whether of the full or half-blood, are likewise bound to
support each other, except only when the need for support of
the brother or sister, being of age, is due to a cause
imputable to the claimant’s fault or negligence. (Art. 196,
FC.)
❸ Order of liability for support. – Whenever two or

more persons are obliged to give support, the liability shall
devolve upon the following persons in the order herein
provided:
(a) The spouse;
(b) The descendants in the nearest degree;
(c) The ascendants in the nearest degree; and
(d) The brothers and sisters. (Art. 199, FC.)
⮲ In demanding payment of the support, the
person in need cannot demand from all of them at the same
time. He has to observe the order provided in this Article.
Thus, where there is no showing that the father is without
means to support his son, the paternal grandmother cannot
be made to pay for legal support to her grandson unless she
is willing to provide for it.
❹ When demandable. – The obligation to give

support is demandable from the time the person who has a
right to receive the same needs it for maintenance, but it
shall not be paid except from the date of judicial or
extra-judicial demand. (Art. 203, par. 1, FC.)
❺ Manner of payment. –
⮲ Payment of legal support shall be made within
the first five days of each corresponding month. (Art. 203,
par. 3, FC.)
⮲ The person obliged to give support shall have
the option to fulfill the obligation either: (1) by paying the
allowance fixed, or (2) by receiving and maintaining in the
family dwelling the person who has a right to receive
support. The latter alternative, however, cannot be availed
of in case there is a moral or legal obstacle thereto. (Art.

204, FC.)
PARENTAL AUTHORITY
❶ Nature of parental authority. – Parental

authority and responsibility, jointly exercised by the father
and mother, necessarily includes the caring for and rearing
of their children for civic consciousness and efficiency, and
the development of their moral, mental and physical
character and well-being.
This is premised on the natural right and duty of
parents over the person and property of their children. As a
consequence, parental authority may not be renounced or
transferred except in the cases authorized by law. (Arts. 209
& 210, FC.)
❷ Exercise of parental authority. – 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. (Art. 211, FC.)
⮲ Duties of children to parents – Article 211 of the
Family Code also commands the children to observe respect
and reverence towards their parents. This, they will observe
even beyond emancipation. However, as long as they are
under parental authority, they have to obey their parents.
❸ Parental authority and the custody of children. –

Custody of the child is merely a consequence of parental
authority. Thus, the person having parental authority is
entitled to the custody of the child.
⮲ Generally, since parental authority resides in
both the father and mother jointly, they are jointly entitled to
the custody of their common children. The father and
mother, being the natural guardians of unemancipated

children, are duty-bound and entitled to keep them in their
custody and company.
⮲ In case of separation of parents, parental
authority shall be exercised by the parent designated by the
court. Such parent so designated obtains custody of the
children.
⮲ In the case of an illegitimate child, the law
designates the mother as having sole parental authority over
the child; hence, the mother has sole right to custody over
the child.
❹ Substitute parental authority. – In default of parents

or a judicially appointed guardian, the following persons shall
exercise substitute parental authority over the child in the
order indicated:
(a) The surviving grandparent;
(b) The oldest brother or sister, over twenty-one years of
age, unless unfit or disqualified; and
(c) The child’s actual custodian, over twenty-one years of
age, unless unfit or disqualified. (Art. 216, FC.)
⮲ Parental preference rule – Substitute parental
authority may be exercised only in case of the death,
absence, or unsuitability of both parents. Parents are thus
first in rank in matters of parental authority. If only one
parent is dead, absent, or unsuitable, the other parent
exercisess sole parental authority.
⮲ Substitute parental authority over illegitimate
children – Since the father himself is not entitled to exercise
parental authority over an illegitimate child, neither may the
paternal grandparents be entitled to exercise substitute
parental authority. Hence, in the event that both the mother
and the father of an illegitimate child dies during the latter’s
minority, and the child is survived by his grandparents on
both the maternal and paternal sides, only the grandparents
on the maternal side shall be entitled to exercise substitute

parental authority, if suitable.
❺ Special parental authority or loco parentis – The

following persons or entities shall have special parental
authority and responsibility over minor children under their
“supervision, instruction or custody:”
(a) The school;
(b) The school’s administrators and teachers; or
(c) The individual, entity or institution engaged in child
care.
Note that their authority and responsibility shall apply
to all “authorized activities” whether inside or outside the
premises of the school, entity or institution. (Art. 219, FC.)
⮲ Solidary liability – The liability of those

exercising special parental authority and their administrators
and the teachers involved are primary and solidary.
⮲ Parents’ liability – The liability of the parents and
the guardians and those exercising substitute parental
authority is subsidiary, i.e., they are liable to pay the amount
of damages only upon the insolvency of those who are
primarily liable.
EMANCIPATION AND AGE OF MAJORITY
⮲ Emancipation takes place by the attainment of

majority. Unless otherwise provided, majority commences at
the age of eighteen years. (Art. 234, NCC.)
FUNERAL ARRANGEMENTS
⮲ The right and duty to make funeral arrangements is

given to those who during the lifetime of the deceased are
obliged to give him support in accordance with the order

established for support under Article 199 of the Family Code,
to wit:
(a) The spouse;
(b) The descendant in the nearest degree;
(c) The ascendant in the nearest degree; and
(d) The brothers and sisters.
⮚ In case of descendants of the same degree, or
of brothers ad sisters, the oldest shall be preferred. In case
of ascendants, the paternal shall have a better right. (Art.
305, NCC.)
⮚ The term “spouse,” although not being preceded
by any qualification, refers to the legal husband or wife as
common law marriages are not recognized in this
jurisdiction.
USE OF SURNAMES
❶ Legitimate and legitimated children shall principally

use the surname of the father.
❷ An adopted child shall bear the surname of the
adopter.
❸ Illegitimate children are required to use the
surname of their mother, except that in the case of voluntary
recognition by the putative father, they may use the latter’s
surname. (Art. 176 of the Family Code, as amended by
Republic Act No. 9255.)
❹ A married woman may use:
(a) Her maiden first name and surname and add her
husband’s surname, or
(b) Her maiden first name and her husband’s surname, or
(c) Her husband’s full name, but prefixing a word
indicating that she is his wife, such as “Mrs.”
* * * END * * *
HAPPY READING & LEARNING! 
SOURCES of NOTES:
The discussions outlined in this module

have been collectively lifted from the cases
cited and commentaries made by the
authors in the references cited below:
1. Virgilio P. Alconera. Law, Persons and Family

Relations (Quezon City: Central Book Supply, Inc., 2010).
2. Rodelio T. Dascil. Threshold to the Legal Profession:
An Introduction to Law (Manila: Rex Book Store, 2013).
3. Virgilio B. Gesmundo. Jurisprudence and Comments
on Persons and Family Relations (Manila: Rex Book Store,
2014).
4. Elmer T. Rabuya. The Law on Persons and Family
Relations (Manila: Rex Book Store, Inc., 2016).
5. Rolando A. Suarez. Introduction to Law (Manila: Rex
Book Store, Inc., 2017).
We all have dreams.

But in order to make dreams come into reality,
it takes an awful lot of determination,
dedication, self-discipline, and effort.
Jesse Owens

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INTRO (CLM1) – MODULE 6: Family Relations, Emancipation,

Funerals, & Use of Surnames 1

❶ Family defined. – The term “family” may be defined

❷ Extent of “Family Relations”. – The scope and

“ARTICLE 150. – Family relations include

❸ Family solidarity. – Because of the very important

⮲ “Earnest efforts toward compromise.” – This

⮲ “Members of the same family.” – The phrase

⮲ Effect of failure to comply with Article 151. –

THE FAMILY HOME

❶ Family home defined. – The family home is a

⮲ Ownership of land – It is required that the family

❷ How constituted. – The family home is deemed

❸ Beneficiaries of the family home. – The

❹ Advantages of a family home. – The family home is

(a) Non-payment of taxes;

PATERNITY AND FILIATION

❶ Paternity and filiation distinguished. – Paternity is

❷ Types of filiation. – The filiation of children may be

⮲ Natural filiation, which is established by blood

❸ Status of children; how determined. – Under the

❹ Legitimate children. – Legitimate children have

⮲ The child may be conceived before the marriage

⮲ Children conceived of artificial insemination –

⮲ The law favors legitimacy over illegitimacy. –

law that a child is legitimate does not arise. ( 👓

case of Concepcion vs. CA and Almonte, G.R. No. 123450,

31 August 2005, 468 SCRA 438.)

⮲ How to rebut presumption; grounds to impugn

overthrown by evidence to the contrary. The grounds for

① That it was physically impossible for the husband to have

(a) the physical incapacity of the husband to have sexual

② That it is proved that for biological or other scientific

③ That in case of children conceived through artificial

⮲ Proper party to impugn legitimacy – As a rule,

exceptional cases that his heirs are allowed to contest such

⮲ Mother not allowed to declare own child

❺ Illegitimate children – Generally, illegitimate

❻ Accepted proof of filiation. – The filiation of

⮲ Concept of legitimation – Legitimation is a right

⮲ Effects of legitimation; retroactive – Prior to the

❶ Adoption defined. – Adoption has been defined as

❷ Adoption is a juridical act. – Adoption is essentially

(a) Any Filipino of legal age, in possession of full civil

in the country for at least three (3) continuous years prior to

❹ Who may be adopted. – Under Section 8 of

❺ RA 8043. – Republic Act No. 8043, otherwise

for the process of adopting a Filipino child by a foreigner or a

❶ Legal support defined. – Support comprises

❷ Persons obliged. – The following are obliged to

❸ Order of liability for support. – Whenever two or

❹ When demandable. – The obligation to give

of in case there is a moral or legal obstacle thereto. (Art.

❶ Nature of parental authority. – Parental

❷ Exercise of parental authority. – The father and the

❸ Parental authority and the custody of children. –

mother, being the natural guardians of unemancipated

❹ Substitute parental authority. – In default of parents

on the maternal side shall be entitled to exercise substitute