Article 205. The right to receive support under this Title as well as any money or property obtained as such support shall not be levied upon on attachment or execution. (302a)
by: Kristia Capio
Exemption from attachment or execution is justified by reason of sound public policy. This is because support is necessary for one’s survival, i.e., instinct of self-preservation.
Exemption from attachment or execution is justified by reason of sound public policy. This is because support is necessary for one’s survival, i.e., instinct of self-preservation.
Article 206. 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 former, unless it appears that he gave it without intention of being reimbursed. (2164a)Article 207. When the person obliged to support another unjustly refuses or fails to give support when urgently needed by the latter, any third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support.
This Article shall apply particularly when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed. (2166a)
by: Kristia Capio
This Article shall apply particularly when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed. (2166a)
by: Kristia Capio
The resulting relationship between the stranger and the person obliged to give support under Articles 206 and 207 is a quasi-contract. Article 2142 of the Civil Code provides that a quasi-contract is a juridical relation which arises from certain lawful, voluntary and unilateral acts to the end that no one shall be unjustly developed or benefited at the expense of another.
Articles 206 and 207 of the Family Code are similar to the provisions of Article 1236 of the New Civil Code which expresses that the creditor is not bound to accept payment or performance by a third person who has no interest in the fulfillment of the obligation, unless there is a stipulation to the contrary.
With respect to Article 207, the requisites are the following: 1) there is an urgent need to be supported on the part of the recipient; 2) the person obliged to support unjustly refuses or fails to give the support; and 3) a third person furnishes the support to the needy individual. If all these requisites are present, then the third person shall have a right of reimbursement from the person obliged to give support.
The resulting relationship between the stranger and the person obliged to give support under Articles 206 and 207 is a quasi-contract. Article 2142 of the Civil Code provides that a quasi-contract is a juridical relation which arises from certain lawful, voluntary and unilateral acts to the end that no one shall be unjustly developed or benefited at the expense of another.
Articles 206 and 207 of the Family Code are similar to the provisions of Article 1236 of the New Civil Code which expresses that the creditor is not bound to accept payment or performance by a third person who has no interest in the fulfillment of the obligation, unless there is a stipulation to the contrary.
With respect to Article 207, the requisites are the following: 1) there is an urgent need to be supported on the part of the recipient; 2) the person obliged to support unjustly refuses or fails to give the support; and 3) a third person furnishes the support to the needy individual. If all these requisites are present, then the third person shall have a right of reimbursement from the person obliged to give support.
EXAMPLE
A is obliged to support B. Without A’s knowledge or consent, C paid the amount of support to B. The right of C is to ask for reimbursement from A, unless there is a showing that C did not intend to be reimbursed. If there is no evidence of such intention, C can ask for reimbursement from A.
Article 207. When the person obliged to support another unjustly refuses or fails to give support when urgently needed by the latter, any third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support. This Article shall particularly apply when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed. (2166a)
Article 208. In case of contractual support or that given by will, the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution.
Furthermore, contractual support shall be subject to adjustment whenever modification is necessary due to changes of circumstances manifestly beyond the contemplation of the parties. (n)
TITLE IX
PARENTAL AUTHORITY
CHAPTER 1
Art. 209. 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. (n)
by: Evita Teope
Parental authority is otherwise known as 'patria potestas' and is the sum total of the rights of parents over the person and property of their children until their majority age or emancipation and even after this certain circumstances. (2 Manresa 8)
Under the present concept of parental authority, the right of the parents to the company and custody of their children is but ancillary to the proper discharge of duties to provide the children with adequate support, education, moral, intellectual, and civic training and development.
Thus, while our law recognizes the rights of a parent to custody and care of a child, the courts see to it to the basic principle that "in all questions of care, custody, education, and property of the children, the latter's welfare shall be paramount."
Article 210. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. (313a)
Article 211. 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.
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. (311a)
Article 212. 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.
The surviving spouse shall exercise parental authority over the children unless the courts appoints another person as guardian of the child or property in case there be a subsequent marriage.
A is obliged to support B. Without A’s knowledge or consent, C paid the amount of support to B. The right of C is to ask for reimbursement from A, unless there is a showing that C did not intend to be reimbursed. If there is no evidence of such intention, C can ask for reimbursement from A.
Article 207. When the person obliged to support another unjustly refuses or fails to give support when urgently needed by the latter, any third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support. This Article shall particularly apply when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed. (2166a)
Article 208. In case of contractual support or that given by will, the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution.
Furthermore, contractual support shall be subject to adjustment whenever modification is necessary due to changes of circumstances manifestly beyond the contemplation of the parties. (n)
TITLE IX
PARENTAL AUTHORITY
CHAPTER 1
GENERAL PROVISIONS
Art. 209. 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. (n)
by: Evita Teope
Parental authority is otherwise known as 'patria potestas' and is the sum total of the rights of parents over the person and property of their children until their majority age or emancipation and even after this certain circumstances. (2 Manresa 8)
Under the present concept of parental authority, the right of the parents to the company and custody of their children is but ancillary to the proper discharge of duties to provide the children with adequate support, education, moral, intellectual, and civic training and development.
Thus, while our law recognizes the rights of a parent to custody and care of a child, the courts see to it to the basic principle that "in all questions of care, custody, education, and property of the children, the latter's welfare shall be paramount."
Article 210. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. (313a)
Article 211. 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.
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. (311a)
Article 212. 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.
by: Rose Ann Villanueva
The surviving spouse shall exercise parental authority over the children unless the courts appoints another person as guardian of the child or property in case there be a subsequent marriage.
Article 213. 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. (n)
No child under seven years of age shall be separated from the
mother unless the court finds compelling reasons to order otherwise.
by: Aneleth Anjolyn
Valencia
Controversies on the custody of a minor, welfare is
paramount.
Case:
Unson III vs. Hon. Navarro and
Araneta
101 SCRA 183
Facts:
Petitioner
Miguel R. Unson III was married to Edita N. Araneta on April 19, 1971. On
December 1, 1971 was born Ma. Teresa Unson, their daughter, which in this case
both claimed to have the rightful custody over their minor child. Spouses were
living separately since June 1972 and an order of separation of properties in
Civil Case No. 7716 was rendered by respondent Judge.
Since the birth of Ma. Teresa, she has always lived
with her mother. In 1978, Edita Araneta, with the knowledge of petitioner, moved
to San Lorenzo, Makati and lived with her brother-in-law. However, petitioner
found out that Edita Araneta delivered a child fathered by Agustin Reyes, her
brother-in-law, on September 24, 1978 and another child also by Agustin Reyes,
on May 21, 1980. So petitioner tightened her custody over his daughter.
Issue:
What
are the criteria in awarding a minor child to one of the parents?
Held:
It
is axiomatic in our jurisprudence that all controversies regarding the custody
of a minor, the sole and foremost consideration is the physical, education,
social, and moral welfare of the child, taking into account the social and
moral situations of the contending parents. The Court finds no difficulty in
this case, the custody of the
child
cannot be awarded to the wife who might create an immoral influence over the
child’s moral and social outlook at her tender age. (See Espiritu vs. CA, et
al., 59 SCAD 631, 242 SCRA 362, March 15, 1995).
In determining the custody of an illegitimate child, his
welfare is the paramount consideration. Even the mother who alone has parental
authority over the child may be deprived of custody for compelling reasons.
Case:
Tonog vs. Daguimol
GR No. 122906, February 7, 2002
Facts:
Dinah
Tonog and Edgar Daguimol lived together without the benefit of marriage. They
had a daughter, Gardin Faith who was born in 1989. A year after the birth of
Gardin Faith, Dinah left for the USA where she found work as a registered nurse.
Gardin Faith was left in the care and custody of Edgar. In 1992, Edgar filed a petition
to place Gardin Faith under his guardianship. The trial court granted the
petition. Upon learning of the guardianship, Dinah came home and filed a
petition to set aside the judgment of the court placing Gardin Faith under the
guardianship of Edgar. The trial court set aside the judgment and allowed Dinah
to file her opposition. Edgar filed a motion for reconsideration of this order.
In the meantime, Dinah moved to recover custody over Gardin Faith. She argued
that since Gardin Faith is an illegitimate child, she alone has parental authority
over her. In addition, she argued that Gardin Faith cannot be separated from
her because Gardin Faith was less than 7 years
old.
The trial court granted Dinah’s motion for custody.
Edgar went up to the CA which reversed the trial court in so far as it
transferred the custody of Gardin Faith to Dinah. From this reversal, Dinah
went up to the Supreme Court where the basic question raised was whether the
mother of an illegitimate child less than 7 years old may be deprived of
custody during the pendency of the action to deprive her
parental
authority.
Held:
Yes,
if it will be for the best welfare of the child. While it is true that the
right to custody springs from the exercise of parental authority, and in case
of an illegitimate child the mother alone has parental authority, the mother
may be deprived of her custody if such will be for the best interest of the
child. And while a child less than
Art.
213 FAMILY CODE OF THE PHILIPPINES TITLE IX — PARENTAL AUTHORITY 702 PERSONS
AND FAMILY RELATIONS 7 years old may not be separated from the mother, the
mother may be deprived of custody if there is a compelling reason. In the case
at bar, it will be for the best interest of Gardin Faith that she remains with
Edgar during the pendency of the guardianship proceeding. This is to prevent havoc on
her psychological make-up when she is transferred to the custody of Dinah and
then back to Edgar in case he wins the guardianship case below.
Article 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. (19a, P.D. No. 603)
by: Kristia Capio
This provision expresses that substitute parental authority is exercised by the surviving grandparent in case of death, absence, or unsuitability of the parents so, if the mother of the child is abroad, the custody of the child should be given to the father since the father is still in a position to take care of the child. This is especially so because parental authority and responsibility is inalienable and may not be transferred or renounced except in cases authorized by law. (Santos vs. CA)
This provision expresses that substitute parental authority is exercised by the surviving grandparent in case of death, absence, or unsuitability of the parents so, if the mother of the child is abroad, the custody of the child should be given to the father since the father is still in a position to take care of the child. This is especially so because parental authority and responsibility is inalienable and may not be transferred or renounced except in cases authorized by law. (Santos vs. CA)
EXAMPLE
A and B parents of C died in a car accident, C shall be taken in the custody of his grandparents. However, if B father of C survived and in good condition, B is the one designated to take care of C.
A and B parents of C died in a car accident, C shall be taken in the custody of his grandparents. However, if B father of C survived and in good condition, B is the one designated to take care of C.
CASE
SANTOS vs. COURT OF APPEALS
Petitioner and wife Julia agreed to place Leouel Jr. in the temporary custody of the latter's parents, the respondent spouses Bedia. The boy's mother, Julia Bedia-Santos, left for the United States in May 1988 to work. On 1990, petitioner along with his two brothers visited the Bedia household, where three-year old Leouel Jr. was staying. Private respondents contend that the petitioner abducted the boy and clandestinely spirited him away to his hometown in Bacong, Negros Oriental.
The spouses Bedia then filed a "Petition for Care, Custody and Control of Minor Ward Leouel Santos Jr.," before the Regional Trial Court of Iloilo City, with Santos, Sr. as respondent, the trial court issued an order on the same day awarding custody of the child Leouel Santos, Jr. to his grandparents. Petitioner appealed this to the Court of Appeals. In its decision appellate court affirmed the trial court's order. His motion for reconsideration having been denied, petitioner now brings the instant petition for review for a reversal of the appellate court's decision.
Petitioner argued that since private respondents have failed to show that he is an unfit and unsuitable father, substitute parental authority granted to the boy's grandparents under Art. 214 of the Family Code is inappropriate.
The Bedias argue that although the law recognizes the right of a parent to his child's custody, ultimately the primary consideration is what is best for the happiness and welfare of the latter. As maternal grandparents who have amply demonstrated their love and affection for the boy since his infancy, they claim to be in the best position to promote the child's welfare.
Issue:
Who should properly be awarded custody of the minor Leouel Santos, Jr.
Ruling:
Parental authority and responsibility are inalienable and may not be transferred or renounced except in cases authorized by law. The right attached to parental authority, being purely personal, the law allows a waiver of parental authority only in cases of adoption, guardianship and surrender to a children’s home or an orphan institution. When a parent entrusts the custody of a minor to another, such as a friend or godfather, even in a document, what is given is merely temporary custody and it does not constitute a renunciation of parental authority. Even if a definite renunciation is manifest, the law still disallows the same.
The father and mother, being the natural guardians of unemancipated children, are duty-bound and entitled to keep them in their custody and company. The child’s welfare is always the paramount consideration in all questions concerning his care and custody. The law vests on the father and mother joint parental authority over the persons of their common children. Only in case of the parents’ death, absence or unsuitability may substitute parental authority be exercised by the surviving grandparent. The situation obtaining in the case at bench is one where the mother of the minor Santos, Jr., is working in the United States while the father, petitioner Santos, Sr., is present. Not only are they physically apart but are also emotionally separated.
Article 215. No descendant shall be compelled, in a criminal case, to testify against his parents and grandparents, except when such testimony is indispensable in a crime against the descendant or by one parent against the other.
by: Janine May T Gumangol
*The Article applies to a criminal, not to a civil case.
*The descendant cannot be compelled, but if he wants to testify here, he may do so.
Under the Rules on Evidence, "no person may be compelled to testify against his parents, other direct ascendants, children or other direct descendants" (Rule 140, Sec. 25, Rules of Court, as amended). Thereupon, should a conflict arise between this provision and Article 215, the latter prevails because a procedural rule cannot impairs substantive law. (Article 8, 1987 Philippine Constitution)
SANTOS vs. COURT OF APPEALS
G.R. No. 113054. March 16, 1995.
ROMERO, J
Facts:
Petitioner Leouel Santos, Sr., an army lieutenant, and Julia Bedia a nurse by profession, were married in Iloilo City in 1986. Their union begets only one child, Leouel Santos, Jr. who was born July 18, 1987. From the time the boy was released from the hospital until sometime thereafter, he had been in the care and custody of his maternal grandparents, private respondents, Leopoldo and Ofelia Bedia.
Petitioner and wife Julia agreed to place Leouel Jr. in the temporary custody of the latter's parents, the respondent spouses Bedia. The boy's mother, Julia Bedia-Santos, left for the United States in May 1988 to work. On 1990, petitioner along with his two brothers visited the Bedia household, where three-year old Leouel Jr. was staying. Private respondents contend that the petitioner abducted the boy and clandestinely spirited him away to his hometown in Bacong, Negros Oriental.
The spouses Bedia then filed a "Petition for Care, Custody and Control of Minor Ward Leouel Santos Jr.," before the Regional Trial Court of Iloilo City, with Santos, Sr. as respondent, the trial court issued an order on the same day awarding custody of the child Leouel Santos, Jr. to his grandparents. Petitioner appealed this to the Court of Appeals. In its decision appellate court affirmed the trial court's order. His motion for reconsideration having been denied, petitioner now brings the instant petition for review for a reversal of the appellate court's decision.
Petitioner argued that since private respondents have failed to show that he is an unfit and unsuitable father, substitute parental authority granted to the boy's grandparents under Art. 214 of the Family Code is inappropriate.
The Bedias argue that although the law recognizes the right of a parent to his child's custody, ultimately the primary consideration is what is best for the happiness and welfare of the latter. As maternal grandparents who have amply demonstrated their love and affection for the boy since his infancy, they claim to be in the best position to promote the child's welfare.
Issue:
Who should properly be awarded custody of the minor Leouel Santos, Jr.
Ruling:
Parental authority and responsibility are inalienable and may not be transferred or renounced except in cases authorized by law. The right attached to parental authority, being purely personal, the law allows a waiver of parental authority only in cases of adoption, guardianship and surrender to a children’s home or an orphan institution. When a parent entrusts the custody of a minor to another, such as a friend or godfather, even in a document, what is given is merely temporary custody and it does not constitute a renunciation of parental authority. Even if a definite renunciation is manifest, the law still disallows the same.
The father and mother, being the natural guardians of unemancipated children, are duty-bound and entitled to keep them in their custody and company. The child’s welfare is always the paramount consideration in all questions concerning his care and custody. The law vests on the father and mother joint parental authority over the persons of their common children. Only in case of the parents’ death, absence or unsuitability may substitute parental authority be exercised by the surviving grandparent. The situation obtaining in the case at bench is one where the mother of the minor Santos, Jr., is working in the United States while the father, petitioner Santos, Sr., is present. Not only are they physically apart but are also emotionally separated.
Article 215. No descendant shall be compelled, in a criminal case, to testify against his parents and grandparents, except when such testimony is indispensable in a crime against the descendant or by one parent against the other.
by: Janine May T Gumangol
by: Janine May T Gumangol
*The Article applies to a criminal, not to a civil case.
*The descendant cannot be compelled, but if he wants to testify here, he may do so.
Under the Rules on Evidence, "no person may be compelled to testify against his parents, other direct ascendants, children or other direct descendants" (Rule 140, Sec. 25, Rules of Court, as amended). Thereupon, should a conflict arise between this provision and Article 215, the latter prevails because a procedural rule cannot impairs substantive law. (Article 8, 1987 Philippine Constitution)
CHAPTER 2
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 years of age, unless unfit or disqualified.
Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. (349a, 351a, 354a)
by: Evita Teope
The persons enumerated above, in that order, may exercise substitute parental authority over the minor child.
Parents are never deprived of the care and custody of their children except for a cause. The law leans toward the authority of parents over their children and raises a strong presumption that the welfare of the children is best served in the care and control of their parents.
In certain cases, the care and custody of a child may be awarded even to strangers, as against the father or the mother or both.
A child whose parents are separated either legally or de facto and where it appears that both parents are not qualified persons to whom the care, custody, and control may be entrusted, the court may, upon its determination of the best interest of the child, designate the proper person for the child's care, custody and control of based on those persons enumerated above .
References:
Civil Code of the Phils. Annotated 16th Edition by Edgardo Paras
Family Code of the Phils. 2017th Edition by Ed Vincent S. Albano
Article 217. In case of foundlings, abandoned 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. (314a)
Article 218. The school, its administrators and teachers, or the individual, entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. (349a)
Article 219. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable.
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.
All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. (n)
CHAPTER 2
SUBSTITUTE AND SPECIAL 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 years of age, unless unfit or disqualified.
(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 years of age, unless unfit or disqualified.
Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. (349a, 351a, 354a)
by: Evita Teope
The persons enumerated above, in that order, may exercise substitute parental authority over the minor child.
Parents are never deprived of the care and custody of their children except for a cause. The law leans toward the authority of parents over their children and raises a strong presumption that the welfare of the children is best served in the care and control of their parents.
In certain cases, the care and custody of a child may be awarded even to strangers, as against the father or the mother or both.
A child whose parents are separated either legally or de facto and where it appears that both parents are not qualified persons to whom the care, custody, and control may be entrusted, the court may, upon its determination of the best interest of the child, designate the proper person for the child's care, custody and control of based on those persons enumerated above .
References:
Civil Code of the Phils. Annotated 16th Edition by Edgardo Paras
Family Code of the Phils. 2017th Edition by Ed Vincent S. Albano
Article 217. In case of foundlings, abandoned 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. (314a)
Article 218. The school, its administrators and teachers, or the individual, entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. (349a)
Article 219. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable.
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.
All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. (n)
CHAPTER 3
EFFECT OF PARENTAL AUTHORITY
UPON THE PERSONS OF THE CHILDREN
Article 220. The parents and those exercising parental authority shall have with respect to their unemancipated children or wards the following rights and duties:
Article 221. Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts and omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. (2180[2]a and [4]a)
CHAPTER 3
EFFECT OF PARENTAL AUTHORITY
UPON THE PERSONS OF THE CHILDREN
Article 220. The parents and those exercising parental authority shall have with respect to their unemancipated children or wards the following rights and duties:
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 enhance, protect, preserve and maintain their physical and mental health at all times;
5) 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;
6) To represent them in all matters affecting their interests;
7) To demand from them respect and obedience;
8) To impose discipline on them as may be required under the circumstances; and
9) To perform such other duties as are imposed by law upon parents and guardians. (316a)
Article 221. Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts and omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. (2180[2]a and [4]a)
by: Rose Ann Villanueva
Article 222. The courts
may appoint a guardian of the child’s property, or a guardian ad litem when the
best interests of the child so require. (317)
by: Aneleth Anjolyn
Valencia
Whenever the best interests of the child are at stake, courts
may appoint a guardian of the child’s property, or a guardian ad litem.
Thus, a guardian ad litem is one appointed by the court to prosecute or defend a
case for the minor child’s interest.
Article 223. The parents
or, in their absence or incapacity, the individual, entity or institution
exercising parental authority, may petition the proper court of the place where
the child resides, for an order providing for disciplinary measures over the
child. The child shall be entitled to the assistance of counsel, either of his choice
or appointed by the court, and a summary hearing shall be conducted wherein the
petitioner and the child shall be heard.
However, if in the same proceeding the court finds the petitioner
at fault, irrespective of the merits of the petition, or when the circumstances
so warrant, the court may also order the deprivation or suspension of parental
authority or adopt such other measures as it may deem just and proper. (318a)
Article 224. The
measures referred to in the preceding article may include the commitment of the
child for not more than thirty days in entities or institutions engaged in
child care or in children’s homes duly accredited by the proper government
agency.
The parent exercising parental authority shall not interfere with
the care of the child whenever committed but shall provide for his support.
Upon proper petition or at its own instance, the court may terminate the commitment
of the child whenever just and proper. (319a)
by: Aneleth Anjolyn
Valencia
Under Art. 224, measures referred to in Art. 223 may include
the commitment of the child for not more than 30 days in entities or
institutions engaged in child care or in children’s homes duly accredited by
the proper governmental agency. The parent exercising parental authority shall
provide for his support but shall not interfere with the care of the child whenever
committed. The court may terminate the commitment of the child whenever just
and proper. This is upon proper petition or at its own instance.
CHAPTER 4
EFFECT OF PARENTAL AUTHORITY
UPON THE PROPERTY OF THE CHILDREN
Article 225. The father and the mother shall jointly exercise legal guardianship over the property of their unemancipated common child without the necessity of a court appointment. In case of disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary.
Where the market value of the property or the annual income of the child exceeds P50,000, the parent concerned shall be required to furnish a bond in such amount as the court may determine, but not less than ten per centum (10%) of the value of the property or annual income, to guarantee the performance of the obligations prescribed for general guardians.
A verified petition for approval of the bond shall be filed in the proper court of the place where the child resides, or, if the child resides in a foreign country, in the proper court of the place where the property or any part thereof is situated.
The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding the performance of the obligations referred to in the second paragraph of this Article shall be heard and resolved.
The ordinary rules on guardianship shall be merely suppletory except when the child is under substitute parental authority, or the guardian is a stranger, or a parent has remarried, in which case the ordinary rules on guardianship shall apply. (320a)
by: Kristia Capio
It is clear from Article 225 of the Family Code that regardless of the value of the unemancipated common child’s property, the father and mother by operation of law become the legal guardian of the child’s property. However, if the market value of the property or the annual income of the child exceeds P50,000, a bond has to be posted by the parents concerned to guarantee the performance of the obligations of a general guardian.
There are instances when the law does not give the power of administration to the parents over the properties of a minor, like:
(1) when the parent is disinherited by an ascendant, such parent cannot administer the legitime which is inherited by such child by right of representation (Art. 923, New Civil Code);
(2) when the parent is incapacitated by unworthiness to succeed an ascendant, he is deprived of the powers of administration over the legitime transmitted to the child. (Art. 1035, New Civil Code).
It is clear from Article 225 of the Family Code that regardless of the value of the unemancipated common child’s property, the father and mother by operation of law become the legal guardian of the child’s property. However, if the market value of the property or the annual income of the child exceeds P50,000, a bond has to be posted by the parents concerned to guarantee the performance of the obligations of a general guardian.
There are instances when the law does not give the power of administration to the parents over the properties of a minor, like:
(1) when the parent is disinherited by an ascendant, such parent cannot administer the legitime which is inherited by such child by right of representation (Art. 923, New Civil Code);
(2) when the parent is incapacitated by unworthiness to succeed an ascendant, he is deprived of the powers of administration over the legitime transmitted to the child. (Art. 1035, New Civil Code).
There are instances when the law does not give the power of administration to the parents over the properties of a minor, like:
(1) when the parent is disinherited by an ascendant, such parent cannot administer the legitime which is inherited by such child by right of representation (Art. 923, New Civil Code);
(2) when the parent is incapacitated by unworthiness to succeed an ascendant, he is deprived of the powers of administration over the legitime transmitted to the child. (Art. 1035, New Civil Code).
CASE
LUZ PINEDA et al. vs COURT OF APPEALS et al.
Facts:
The sailors perished while the ship sank in Morocco. The families of the victims then wanted to claim the benefits of the insurance. The checks were given to Prime Marine Services, Inc. Nuval, the PMSI President, pocketed the amounts in his bank account. When the families went to Insular to get the benefits, their request was denied because Insular claimed that the checks were already given to PMSI. Hence, The families filed a petition with the Insurance Commission. They won and Insular was ordered to pay them 500 a day until the amount was furnished to them.
Issue:
Whether or not the families of the victim have the right to claim benefits of the insurance of the deceased
Ruling:
Yes. Under Article 225 The father and the mother shall jointly exercise legal guardianship over the property of their unemancipated common child without the necessity of a court appointment. In case of disagreement, the father’s decision shall prevail, unless there is judicial order to the contrary. Hence, the families left has the right to receive just compensation from the insurance company.
Article 226. The property of the unemancipated child earned or acquired with his work or industry or by onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the latter’s support and education, unless the title or transfer provides otherwise.
The right of the parents over the fruits and income of the child’s property shall be limited primarily to the child’s support and secondarily to the collective daily needs of the family.
by: Janine May Gumangol
Article 227. If the parents entrust the management or administration of any of their properties to an unemancipated child, the net proceeds of such property shall belong to the owner. The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator were a stranger, unless the owner, grants the entire proceeds to the child. In any case, the proceeds thus give in whole or in part shall not be charged to the child's legitime. (322a)
CHAPTER 5
SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY
Article 228. Parental authority terminates permanently
(1) Upon the death of the parents;
(2) Upon the death of the child; or
(3) Upon emancipation of the child. (327a)
Article 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. (327a)
Article 230. Parental authority is suspended upon conviction of the parent or the person exercising the same of a crime which carries with it the penalty of civil interdiction. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender. (330a)
Art. 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:
(1) Treats the child with excessive harshness or cruelty;
(2) Gives the child corrupting orders, counsel or example;
(3) Compels the child to beg; or
(4) Subjects the child or allows him to be subjected to acts of lasciviousness.
The grounds enumerated above are deemed to include cases which have resulted from culpable negligence of the parent or the person exercising parental authority. lawphi1.net
If the degree of seriousness so warrants, or the welfare of the child so demands, the court shall deprive the guilty party of parental authority or adopt such other measures as may be proper under the circumstances.
The suspension or deprivation may be revoked and the parental authority revived in a case filed for the purpose or in the same proceeding if the court finds that the cause therefor has ceased and will not be repeated. (33a)
Article 232. 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. (n)
Article 233. The person exercising substitute parental authority shall have the same authority over the person of the child as the parents.
In no case shall the school administrator, teacher or individual engaged in child care exercising special parental authority, inflict corporal punishment upon the child. (n)
LUZ PINEDA et al. vs COURT OF APPEALS et al.
G.R. No. 105562. September 27, 1993.
DAVIDE, JR., J.
The sailors perished while the ship sank in Morocco. The families of the victims then wanted to claim the benefits of the insurance. The checks were given to Prime Marine Services, Inc. Nuval, the PMSI President, pocketed the amounts in his bank account. When the families went to Insular to get the benefits, their request was denied because Insular claimed that the checks were already given to PMSI. Hence, The families filed a petition with the Insurance Commission. They won and Insular was ordered to pay them 500 a day until the amount was furnished to them.
Issue:
Whether or not the families of the victim have the right to claim benefits of the insurance of the deceased
Ruling:
Yes. Under Article 225 The father and the mother shall jointly exercise legal guardianship over the property of their unemancipated common child without the necessity of a court appointment. In case of disagreement, the father’s decision shall prevail, unless there is judicial order to the contrary. Hence, the families left has the right to receive just compensation from the insurance company.
Article 226. The property of the unemancipated child earned or acquired with his work or industry or by onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the latter’s support and education, unless the title or transfer provides otherwise.
The right of the parents over the fruits and income of the child’s property shall be limited primarily to the child’s support and secondarily to the collective daily needs of the family.
by: Janine May Gumangol
by: Janine May Gumangol
Article 227. If the parents entrust the management or administration of any of their properties to an unemancipated child, the net proceeds of such property shall belong to the owner. The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator were a stranger, unless the owner, grants the entire proceeds to the child. In any case, the proceeds thus give in whole or in part shall not be charged to the child's legitime. (322a)
CHAPTER 5
SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY
Article 228. Parental authority terminates permanently
(1) Upon the death of the parents;
(2) Upon the death of the child; or
(3) Upon emancipation of the child. (327a)
Article 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. (327a)
Article 230. Parental authority is suspended upon conviction of the parent or the person exercising the same of a crime which carries with it the penalty of civil interdiction. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender. (330a)
Art. 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:
(1) Treats the child with excessive harshness or cruelty;
(2) Gives the child corrupting orders, counsel or example;
(3) Compels the child to beg; or
(4) Subjects the child or allows him to be subjected to acts of lasciviousness.
The grounds enumerated above are deemed to include cases which have resulted from culpable negligence of the parent or the person exercising parental authority. lawphi1.net
If the degree of seriousness so warrants, or the welfare of the child so demands, the court shall deprive the guilty party of parental authority or adopt such other measures as may be proper under the circumstances.
The suspension or deprivation may be revoked and the parental authority revived in a case filed for the purpose or in the same proceeding if the court finds that the cause therefor has ceased and will not be repeated. (33a)
Article 232. 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. (n)
Article 233. The person exercising substitute parental authority shall have the same authority over the person of the child as the parents.
In no case shall the school administrator, teacher or individual engaged in child care exercising special parental authority, inflict corporal punishment upon the child. (n)
by: Rose Ann Villanueva
Article 234. Emancipation
takes place by the attainment of majority. Unless otherwise provided, majority
commences at the age of eighteen years. (As amended by R.A. No. 6809)
by: Aneleth Anjolyn
Valencia
There is only one mode of emancipation under the law
now, and that is, the attainment of the age of majority. Under R.A. No. 6809, the
age of majority commences at the age of eighteen years. The old law provided
that marriage of a minor caused his/her emancipation. That was true then
because the age of majority under the old law was 21 years. The old law also
provided that the marriageable age was 14 or 16, hence, it was possible for a
minor to get married. But in view of the increase in the marriageable age to 18
and the fact that the age of majority has been reduced to 18, it is no longer
possible for a minor to get married and be emancipated by reason of marriage.
CHAPTER 2
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 years of age, unless unfit or disqualified.
Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. (349a, 351a, 354a)
by: Evita Teope
The persons enumerated above, in that order, may exercise substitute parental authority over the minor child.
Parents are never deprived of the care and custody of their children except for a cause. The law leans toward the authority of parents over their children and raises a strong presumption that the welfare of the children is best served in the care and control of their parents.
In certain cases, the care and custody of a child may be awarded even to strangers, as against the father or the mother or both.
A child whose parents are separated either legally or de facto and where it appears that both parents are not qualified persons to whom the care, custody, and control may be entrusted, the court may, upon its determination of the best interest of the child, designate the proper person for the child's care, custody and control of based on those persons enumerated above .
References:
Civil Code of the Phils. Annotated 16th Edition by Edgardo Paras
Family Code of the Phils. 2017th Edition by Ed Vincent S. Albano
Article 217. In case of foundlings, abandoned 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. (314a)
Article 218. The school, its administrators and teachers, or the individual, entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. (349a)
Article 219. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable.
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.
All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. (n)
CHAPTER 2
SUBSTITUTE AND SPECIAL 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 years of age, unless unfit or disqualified.
(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 years of age, unless unfit or disqualified.
Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. (349a, 351a, 354a)
by: Evita Teope
The persons enumerated above, in that order, may exercise substitute parental authority over the minor child.
Parents are never deprived of the care and custody of their children except for a cause. The law leans toward the authority of parents over their children and raises a strong presumption that the welfare of the children is best served in the care and control of their parents.
In certain cases, the care and custody of a child may be awarded even to strangers, as against the father or the mother or both.
A child whose parents are separated either legally or de facto and where it appears that both parents are not qualified persons to whom the care, custody, and control may be entrusted, the court may, upon its determination of the best interest of the child, designate the proper person for the child's care, custody and control of based on those persons enumerated above .
References:
Civil Code of the Phils. Annotated 16th Edition by Edgardo Paras
Family Code of the Phils. 2017th Edition by Ed Vincent S. Albano
Article 217. In case of foundlings, abandoned 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. (314a)
Article 218. The school, its administrators and teachers, or the individual, entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. (349a)
Article 219. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable.
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.
All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. (n)
CHAPTER 3
EFFECT OF PARENTAL AUTHORITY
UPON THE PERSONS OF THE CHILDREN
Article 220. The parents and those exercising parental authority shall have with respect to their unemancipated children or wards the following rights and duties:
Article 221. Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts and omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. (2180[2]a and [4]a)
The following Articles mention the duties and rights of persons exercising parental authority over children over the age of 18 who may be attending college, unmarried, not serving in the military, and who have not been declared emancipated by court order or otherwise remains dependent on their parents for support, including child support from the noncustodial parent.
Article 222. The courts may appoint a guardian of the child's property or a guardian ad litem when the best interests of the child so requires. (317)
Article 223. The parents or, in their absence or incapacity, the individual, entity or institution exercising parental authority, may petition the proper court of the place where the child resides, for an order providing for disciplinary measures over the child. The child shall be entitled to the assistance of counsel, either of his choice or appointed by the court, and a summary hearing shall be conducted wherein the petitioner and the child shall be heard.
However, if in the same proceeding the court finds the petitioner at fault, irrespective of the merits of the petition, or when the circumstances so warrant, the court may also order the deprivation or suspension of parental authority or adopt such other measures as it may deem just and proper. (318a)
Article 224. The measures referred to in the preceding article may include the commitment of the child for not more than thirty days in entities or institutions engaged in child care or in children's homes duly accredited by the proper government agency.
The parent exercising parental authority shall not interfere with the care of the child whenever committed but shall provide for his support. Upon proper petition or at its own instance, the court may terminate the commitment of the child whenever just and proper. (391a)
CHAPTER 4
EFFECT OF PARENTAL AUTHORITY
UPON THE PROPERTY OF THE CHILDREN
CHAPTER 3
EFFECT OF PARENTAL AUTHORITY
UPON THE PERSONS OF THE CHILDREN
Article 220. The parents and those exercising parental authority shall have with respect to their unemancipated children or wards the following rights and duties:
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 enhance, protect, preserve and maintain their physical and mental health at all times;
5) 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;
6) To represent them in all matters affecting their interests;
7) To demand from them respect and obedience;
8) To impose discipline on them as may be required under the circumstances; and
9) To perform such other duties as are imposed by law upon parents and guardians. (316a)
Article 221. Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts and omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. (2180[2]a and [4]a)
by: Rose Ann Villanueva
Article 222. The courts may appoint a guardian of the child's property or a guardian ad litem when the best interests of the child so requires. (317)
Article 223. The parents or, in their absence or incapacity, the individual, entity or institution exercising parental authority, may petition the proper court of the place where the child resides, for an order providing for disciplinary measures over the child. The child shall be entitled to the assistance of counsel, either of his choice or appointed by the court, and a summary hearing shall be conducted wherein the petitioner and the child shall be heard.
However, if in the same proceeding the court finds the petitioner at fault, irrespective of the merits of the petition, or when the circumstances so warrant, the court may also order the deprivation or suspension of parental authority or adopt such other measures as it may deem just and proper. (318a)
Article 224. The measures referred to in the preceding article may include the commitment of the child for not more than thirty days in entities or institutions engaged in child care or in children's homes duly accredited by the proper government agency.
The parent exercising parental authority shall not interfere with the care of the child whenever committed but shall provide for his support. Upon proper petition or at its own instance, the court may terminate the commitment of the child whenever just and proper. (391a)
CHAPTER 4
EFFECT OF PARENTAL AUTHORITY
UPON THE PROPERTY OF THE CHILDREN
Article 225. The father and the mother shall jointly exercise legal guardianship over the property of their unemancipated common child without the necessity of a court appointment. In case of disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary.
Where the market value of the property or the annual income of the child exceeds P50,000, the parent concerned shall be required to furnish a bond in such amount as the court may determine, but not less than ten per centum (10%) of the value of the property or annual income, to guarantee the performance of the obligations prescribed for general guardians.
A verified petition for approval of the bond shall be filed in the proper court of the place where the child resides, or, if the child resides in a foreign country, in the proper court of the place where the property or any part thereof is situated.
The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding the performance of the obligations referred to in the second paragraph of this Article shall be heard and resolved.
The ordinary rules on guardianship shall be merely suppletory except when the child is under substitute parental authority, or the guardian is a stranger, or a parent has remarried, in which case the ordinary rules on guardianship shall apply. (320a)
by: Kristia Capio
It is clear from Article 225 of the Family Code that regardless of the value of the unemancipated common child’s property, the father and mother by operation of law become the legal guardian of the child’s property. However, if the market value of the property or the annual income of the child exceeds P50,000, a bond has to be posted by the parents concerned to guarantee the performance of the obligations of a general guardian.
There are instances when the law does not give the power of administration to the parents over the properties of a minor, like:
(1) when the parent is disinherited by an ascendant, such parent cannot administer the legitime which is inherited by such child by right of representation (Art. 923, New Civil Code);
(2) when the parent is incapacitated by unworthiness to succeed an ascendant, he is deprived of the powers of administration over the legitime transmitted to the child. (Art. 1035, New Civil Code).
It is clear from Article 225 of the Family Code that regardless of the value of the unemancipated common child’s property, the father and mother by operation of law become the legal guardian of the child’s property. However, if the market value of the property or the annual income of the child exceeds P50,000, a bond has to be posted by the parents concerned to guarantee the performance of the obligations of a general guardian.
There are instances when the law does not give the power of administration to the parents over the properties of a minor, like:
(1) when the parent is disinherited by an ascendant, such parent cannot administer the legitime which is inherited by such child by right of representation (Art. 923, New Civil Code);
(2) when the parent is incapacitated by unworthiness to succeed an ascendant, he is deprived of the powers of administration over the legitime transmitted to the child. (Art. 1035, New Civil Code).
There are instances when the law does not give the power of administration to the parents over the properties of a minor, like:
(1) when the parent is disinherited by an ascendant, such parent cannot administer the legitime which is inherited by such child by right of representation (Art. 923, New Civil Code);
(2) when the parent is incapacitated by unworthiness to succeed an ascendant, he is deprived of the powers of administration over the legitime transmitted to the child. (Art. 1035, New Civil Code).
CASE
LUZ PINEDA et al. vs COURT OF APPEALS et al.
Facts:
The sailors perished while the ship sank in Morocco. The families of the victims then wanted to claim the benefits of the insurance. The checks were given to Prime Marine Services, Inc. Nuval, the PMSI President, pocketed the amounts in his bank account. When the families went to Insular to get the benefits, their request was denied because Insular claimed that the checks were already given to PMSI. Hence, The families filed a petition with the Insurance Commission. They won and Insular was ordered to pay them 500 a day until the amount was furnished to them.
Issue:
Whether or not the families of the victim have the right to claim benefits of the insurance of the deceased
Ruling:
Yes. Under Article 225 The father and the mother shall jointly exercise legal guardianship over the property of their unemancipated common child without the necessity of a court appointment. In case of disagreement, the father’s decision shall prevail, unless there is judicial order to the contrary. Hence, the families left has the right to receive just compensation from the insurance company.
Article 226. The property of the unemancipated child earned or acquired with his work or industry or by onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the latter’s support and education, unless the title or transfer provides otherwise.
The right of the parents over the fruits and income of the child’s property shall be limited primarily to the child’s support and secondarily to the collective daily needs of the family.
by: Janine May Gumangol
Article 227. If the parents entrust the management or administration of any of their properties to an unemancipated child, the net proceeds of such property shall belong to the owner. The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator were a stranger, unless the owner, grants the entire proceeds to the child. In any case, the proceeds thus give in whole or in part shall not be charged to the child's legitime. (322a)
CHAPTER 5
SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY
Article 228. Parental authority terminates permanently:
(1) Upon the death of the parents;
(2) Upon the death of the child; or
(3) Upon emancipation of the child. (327a)
Article 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. (327a)
Article 230. Parental authority is suspended upon conviction of the parent or the person exercising the same of a crime which carries with it the penalty of civil interdiction. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender. (330a)
Art. 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:
(1) Treats the child with excessive harshness or cruelty;
(2) Gives the child corrupting orders, counsel or example;
(3) Compels the child to beg; or
(4) Subjects the child or allows him to be subjected to acts of lasciviousness.
The grounds enumerated above are deemed to include cases which have resulted from culpable negligence of the parent or the person exercising parental authority. lawphi1.net
If the degree of seriousness so warrants, or the welfare of the child so demands, the court shall deprive the guilty party of parental authority or adopt such other measures as may be proper under the circumstances.
The suspension or deprivation may be revoked and the parental authority revived in a case filed for the purpose or in the same proceeding if the court finds that the cause therefor has ceased and will not be repeated. (33a)
Article 232. 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. (n)
Article 233. The person exercising substitute parental authority shall have the same authority over the person of the child as the parents.
In no case shall the school administrator, teacher or individual engaged in child care exercising special parental authority, inflict corporal punishment upon the child. (n)
TITLE XI
EMANCIPATION AND AGE OF MAJORITY
Article 234. Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of twenty-one years.
Emancipation also takes place:
(1) By the marriage of the minor; or
(2) By the recording in the Civil Register of an agreement in a public instrument executed by the parent exercising parental authority and the minor at least eighteen years of age. Such emancipation shall be irrevocable. (397a, 398a, 400a, 401a)
Article 235. The provisions governing emancipation by recorded agreement shall also apply to an orphan minor and the person exercising parental authority but the agreement must be approved by the court before it is recorded. (404, 405a, 406a)
by: Kristia Capio
LUZ PINEDA et al. vs COURT OF APPEALS et al.
G.R. No. 105562. September 27, 1993.
DAVIDE, JR., J.
The sailors perished while the ship sank in Morocco. The families of the victims then wanted to claim the benefits of the insurance. The checks were given to Prime Marine Services, Inc. Nuval, the PMSI President, pocketed the amounts in his bank account. When the families went to Insular to get the benefits, their request was denied because Insular claimed that the checks were already given to PMSI. Hence, The families filed a petition with the Insurance Commission. They won and Insular was ordered to pay them 500 a day until the amount was furnished to them.
Issue:
Whether or not the families of the victim have the right to claim benefits of the insurance of the deceased
Ruling:
Yes. Under Article 225 The father and the mother shall jointly exercise legal guardianship over the property of their unemancipated common child without the necessity of a court appointment. In case of disagreement, the father’s decision shall prevail, unless there is judicial order to the contrary. Hence, the families left has the right to receive just compensation from the insurance company.
Article 226. The property of the unemancipated child earned or acquired with his work or industry or by onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the latter’s support and education, unless the title or transfer provides otherwise.
The right of the parents over the fruits and income of the child’s property shall be limited primarily to the child’s support and secondarily to the collective daily needs of the family.
by: Janine May Gumangol
by: Janine May Gumangol
Article 227. If the parents entrust the management or administration of any of their properties to an unemancipated child, the net proceeds of such property shall belong to the owner. The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator were a stranger, unless the owner, grants the entire proceeds to the child. In any case, the proceeds thus give in whole or in part shall not be charged to the child's legitime. (322a)
CHAPTER 5
SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY
Article 228. Parental authority terminates permanently:
(1) Upon the death of the parents;
(2) Upon the death of the child; or
(3) Upon emancipation of the child. (327a)
Article 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. (327a)
Article 230. Parental authority is suspended upon conviction of the parent or the person exercising the same of a crime which carries with it the penalty of civil interdiction. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender. (330a)
Art. 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:
(1) Treats the child with excessive harshness or cruelty;
(2) Gives the child corrupting orders, counsel or example;
(3) Compels the child to beg; or
(4) Subjects the child or allows him to be subjected to acts of lasciviousness.
The grounds enumerated above are deemed to include cases which have resulted from culpable negligence of the parent or the person exercising parental authority. lawphi1.net
If the degree of seriousness so warrants, or the welfare of the child so demands, the court shall deprive the guilty party of parental authority or adopt such other measures as may be proper under the circumstances.
The suspension or deprivation may be revoked and the parental authority revived in a case filed for the purpose or in the same proceeding if the court finds that the cause therefor has ceased and will not be repeated. (33a)
Article 232. 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. (n)
Article 233. The person exercising substitute parental authority shall have the same authority over the person of the child as the parents.
In no case shall the school administrator, teacher or individual engaged in child care exercising special parental authority, inflict corporal punishment upon the child. (n)
by: Rose Ann Villanueva
TITLE XI
EMANCIPATION AND AGE OF MAJORITY
EMANCIPATION AND AGE OF MAJORITY
Article 234. Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of twenty-one years.
Emancipation also takes place:
(1) By the marriage of the minor; or
(2) By the recording in the Civil Register of an agreement in a public instrument executed by the parent exercising parental authority and the minor at least eighteen years of age. Such emancipation shall be irrevocable. (397a, 398a, 400a, 401a)
Article 235. The provisions governing emancipation by recorded agreement shall also apply to an orphan minor and the person exercising parental authority but the agreement must be approved by the court before it is recorded. (404, 405a, 406a)
by: Kristia Capio
This provision has been repealed by R.A. No. 6809.
Article 236. Emancipation for any cause shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life, save the exceptions established by existing laws in special cases.
Contracting marriage shall require parental consent until the age of twenty-one.
Nothing in this Code shall be construed to derogate from the duty or responsibility of parents and guardians for children and wards below twenty-one years of age mentioned in the second and third paragraph of Art. 2180 of the Civil Code. (As amended by R.A. No. 6809)
by: Kristia Capio
This provision has been repealed by R.A. No. 6809.
Article 236. Emancipation for any cause shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life, save the exceptions established by existing laws in special cases.
Contracting marriage shall require parental consent until the age of twenty-one.
Nothing in this Code shall be construed to derogate from the duty or responsibility of parents and guardians for children and wards below twenty-one years of age mentioned in the second and third paragraph of Art. 2180 of the Civil Code. (As amended by R.A. No. 6809)
by: Kristia Capio
Article 236 expresses that emancipation shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life, save the exception established by existing laws in special cases. Contracting marriage shall require parental consent until the age of twenty-one.
Article 237. The annulment or declaration of nullity of the marriage of a minor or of the recorded agreement mentioned in the foregoing Articles 234 and 235 shall revive the parental authority over the minor but shall not affect acts and transactions that took place prior to the recording of the final judgment in the Civil Register. (n)
by: Kristia Capio
Article 236 expresses that emancipation shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life, save the exception established by existing laws in special cases. Contracting marriage shall require parental consent until the age of twenty-one.
Article 237. The annulment or declaration of nullity of the marriage of a minor or of the recorded agreement mentioned in the foregoing Articles 234 and 235 shall revive the parental authority over the minor but shall not affect acts and transactions that took place prior to the recording of the final judgment in the Civil Register. (n)
This has been repealed by R.A. No. 6809.
TITLE XI
SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW
CHAPTER 1
Article 238. Until modified by the Supreme Court, the procedural rules provided for in this Title shall apply as regards separation in fact between husband and wife, abandonment by one of the other, and incidents involving parental authority.
by: Janine May Gumangol
CHAPTER 2
Article 239. When a husband and wife are separated in fact, or one has abandoned the other and one of them seeks judicial authorization for a transaction where the consent of the other spouse is required by law but such consent is withheld or cannot be obtained, a verified petition may be filed in court alleging the foregoing facts.
The petition shall attach the proposed deed, if any, embodying the transaction, and, if none, shall describe in detail the said transaction and state the reason why the required consent thereto cannot be secured. In any case, the final deed duly executed by the parties shall be submitted to and approved by the court. (n)
by: Janine May Gumangol
Article 240. Claims for damages by either spouse, except costs of the proceedings, may be litigated only in a separate action. (n)
by: Janine May Gumangol
Article 241. Jurisdiction over the petition shall, upon proof of notice to the other spouse, be exercised by the proper court authorized to hear family cases, if one exists, or in the regional trial court or its equivalent sitting in the place where either of the spouses resides. (n)
by: Janine May Gumangol
Article 242. Upon the filing of the petition, the court shall notify the other spouse, whose consent to the transaction is required, of said petition, ordering said spouse to show cause why the petition should not be granted, on or before the date set in said notice for the initial conference. The notice shall be accompanied by a copy of the petition and shall be served at the last known address of the spouse concerned.
by: Janine May Gumangol
Article 243. A preliminary conference shall be conducted by the judge personally without the parties being assisted by counsel. After the initial conference, if the court deems it useful, the parties may be assisted by counsel at the succeeding conferences and hearings. (n)
by: Janine May Gumangol
Article 244. In case of non-appearance of the spouse whose consent is sought, the court shall inquire into the reasons for his failure to appear, and shall require such appearance, if possible. (n)
by: Janine May Gumangol
Article 245. If, despite all efforts, the attendance of the non-consenting spouse is not secured, the court may proceed ex parte and render judgment as the facts and circumstances may warrant. In any case, the judge shall endeavor to protect the interests of the non-appearing spouse. (n)
by: Janine May Gumangol
Article 246. If the petition is not resolved at the initial conference, said petition shall be decided in a summary hearing on the basis of affidavits, documentary evidence or oral testimonies at the sound discretion of the court. If testimony is needed, the court shall specify the witnesses to be heard and the subject-matter of their testimonies, directing the parties to present said witnesses. (n)
by: Janine May Gumangol
Article 247. The judgment of the court shall be immediately final and executory. (n)
by: Janine May Gumangol
Note: No further appeal from the summary judgment is allowed under Article 247 which considering the summary nature of the proceedings.
*An appeal by certiorari to the Supreme Court may lie in the presence of abuse of discretion amounting to lack of jurisdiction
Article 248. The petition for judicial authority to administer or encumber specific separate property of the abandoning spouse and to use the fruits or proceeds thereof for the support of the family shall also be governed by these rules.
by: Janine May Gumangol
This has been repealed by R.A. No. 6809.
TITLE XI
SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW
SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW
CHAPTER 1
PREFATORY PROVISIONS
Article 238. Until modified by the Supreme Court, the procedural rules provided for in this Title shall apply as regards separation in fact between husband and wife, abandonment by one of the other, and incidents involving parental authority.
by: Janine May Gumangol
CHAPTER 2
SEPARATION IN FACT
Article 239. When a husband and wife are separated in fact, or one has abandoned the other and one of them seeks judicial authorization for a transaction where the consent of the other spouse is required by law but such consent is withheld or cannot be obtained, a verified petition may be filed in court alleging the foregoing facts.
The petition shall attach the proposed deed, if any, embodying the transaction, and, if none, shall describe in detail the said transaction and state the reason why the required consent thereto cannot be secured. In any case, the final deed duly executed by the parties shall be submitted to and approved by the court. (n)
by: Janine May Gumangol
Article 240. Claims for damages by either spouse, except costs of the proceedings, may be litigated only in a separate action. (n)
by: Janine May Gumangol
by: Janine May Gumangol
Article 242. Upon the filing of the petition, the court shall notify the other spouse, whose consent to the transaction is required, of said petition, ordering said spouse to show cause why the petition should not be granted, on or before the date set in said notice for the initial conference. The notice shall be accompanied by a copy of the petition and shall be served at the last known address of the spouse concerned.
by: Janine May Gumangol
Article 243. A preliminary conference shall be conducted by the judge personally without the parties being assisted by counsel. After the initial conference, if the court deems it useful, the parties may be assisted by counsel at the succeeding conferences and hearings. (n)
by: Janine May Gumangol
Article 244. In case of non-appearance of the spouse whose consent is sought, the court shall inquire into the reasons for his failure to appear, and shall require such appearance, if possible. (n)
by: Janine May Gumangol
Article 245. If, despite all efforts, the attendance of the non-consenting spouse is not secured, the court may proceed ex parte and render judgment as the facts and circumstances may warrant. In any case, the judge shall endeavor to protect the interests of the non-appearing spouse. (n)
by: Janine May Gumangol
Article 246. If the petition is not resolved at the initial conference, said petition shall be decided in a summary hearing on the basis of affidavits, documentary evidence or oral testimonies at the sound discretion of the court. If testimony is needed, the court shall specify the witnesses to be heard and the subject-matter of their testimonies, directing the parties to present said witnesses. (n)
by: Janine May Gumangol
Article 247. The judgment of the court shall be immediately final and executory. (n)
by: Janine May Gumangol
Note: No further appeal from the summary judgment is allowed under Article 247 which considering the summary nature of the proceedings.
*An appeal by certiorari to the Supreme Court may lie in the presence of abuse of discretion amounting to lack of jurisdiction
by: Janine May Gumangol
CHAPTER 3
Article 249. Petitions filed under Articles 223, 225 and 235 of this Code involving parental authority shall be verified. (n)
by: Evita Teope
We note that verification is required here.
Article 250. Such petitions shall be verified and filed in the proper court of the place where the child resides. (n)
by: Evita Teope
Verified petitions falling under Articles 223, 225, and 235 are filed in the RTC of the place where the child resides. As already adverted to, Article 235 has been repealed by RA 6809.
Article 251. Upon the filing of the petition, the court shall notify the parents or, in their absence or incapacity, the individuals, entities or institutions exercising parental authority over the child. (n)
by: Evita Teope
The parents, or in their absence or incapacity, individuals, entities, or institutions exercising parental authority over the child be notified by the court upon filing the petition.
Article 252. The rules in Chapter 2 hereof shall also govern summary proceedings under this Chapter insofar as they are applicable. (n)
by: Evita Teope
The judge personally conducts the proceedings in a summary hearing. Here, the child may be assisted by the counsel chosen by the child himself or appointed by the court.
The judge, however, may, pursuant to Article 243, order the parties to be heard with the assistance of counsel. But in this eventuality, the judge shall give assurance that the child's interest is appropriately safeguarded.
TITLE XII
FINAL PROVISIONS
Article 253. The foregoing rules in Chapters 2 and 3 hereof shall likewise govern summary proceedings filed under Articles 41, 51, 69, 73, 96, 124 and 127, insofar as they are applicable. (n)
In the different Articles herein above-mentioned under Article 253, summary
Article 254. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of Republic Act No. 386, otherwise known as the Civil Code of the Philippines, as amended, and Articles 17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41, and 42 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, as amended, and all laws, decrees, executive orders, proclamations, rules and regulations, or parts thereof, inconsistent herewith are hereby repealed.
The same goes for all laws, decrees, executive orders, and the like which are
Art. 255. If any provision of this Code is held invalid, all the other provisions not affected thereby shall remain valid.
In the eventuality that any provision of the Family Code is held invalid, this shall not affect any other provisions not affected thereby and which shall remain invalid.
Art. 256. This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws.
The Family Code has a retroactive effect. Being substantive in nature and in the process, creating new rights, the provisions of the Family Code are given retroactive effect by express mandate of Article 256. Thus, the Family Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code and other laws.
Art. 257. This Code shall take effect one year after the completion of its publication in a newspaper of general circulation, as certified by the Executive Secretary, Office of the President.
Publication shall likewise be made the Official Gazette.
Done in the City of Manila, this 6th day of July, in the year of Our Lord, nineteenhundred and eighty-seven.
The Family Code became effective on August 3, 1988, and was published completely on August 4, 1987 issue on the Manila Chronicle
CHAPTER 3
INCIDENTS INVOLVING PARENTAL AUTHORITY
Article 249. Petitions filed under Articles 223, 225 and 235 of this Code involving parental authority shall be verified. (n)
by: Evita Teope
We note that verification is required here.
Article 250. Such petitions shall be verified and filed in the proper court of the place where the child resides. (n)
by: Evita Teope
Verified petitions falling under Articles 223, 225, and 235 are filed in the RTC of the place where the child resides. As already adverted to, Article 235 has been repealed by RA 6809.
Article 251. Upon the filing of the petition, the court shall notify the parents or, in their absence or incapacity, the individuals, entities or institutions exercising parental authority over the child. (n)
by: Evita Teope
The parents, or in their absence or incapacity, individuals, entities, or institutions exercising parental authority over the child be notified by the court upon filing the petition.
Article 252. The rules in Chapter 2 hereof shall also govern summary proceedings under this Chapter insofar as they are applicable. (n)
by: Evita Teope
The judge personally conducts the proceedings in a summary hearing. Here, the child may be assisted by the counsel chosen by the child himself or appointed by the court.
The judge, however, may, pursuant to Article 243, order the parties to be heard with the assistance of counsel. But in this eventuality, the judge shall give assurance that the child's interest is appropriately safeguarded.
TITLE XII
FINAL PROVISIONS
Article 253. The foregoing rules in Chapters 2 and 3 hereof shall likewise govern summary proceedings filed under Articles 41, 51, 69, 73, 96, 124 and 127, insofar as they are applicable. (n)
by: Evita Teope
In the different Articles herein above-mentioned under Article 253, summary
proceedings are contemplated likewise.
Article 254. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of Republic Act No. 386, otherwise known as the Civil Code of the Philippines, as amended, and Articles 17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41, and 42 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, as amended, and all laws, decrees, executive orders, proclamations, rules and regulations, or parts thereof, inconsistent herewith are hereby repealed.
by: Evita Teope
This contemplates an express repeal and implied repeal. Examples are those provisions of the Civil Code and the Child and Youth Welfare Code that have been expressly repealed by the Family Code.
The same goes for all laws, decrees, executive orders, and the like which are
inconsistent with the Family Code and are deemed impliedly repealed.
Art. 255. If any provision of this Code is held invalid, all the other provisions not affected thereby shall remain valid.
by: Evita Teope
In the eventuality that any provision of the Family Code is held invalid, this shall not affect any other provisions not affected thereby and which shall remain invalid.
Art. 256. This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws.
by: Evita Teope
The Family Code has a retroactive effect. Being substantive in nature and in the process, creating new rights, the provisions of the Family Code are given retroactive effect by express mandate of Article 256. Thus, the Family Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code and other laws.
Art. 257. This Code shall take effect one year after the completion of its publication in a newspaper of general circulation, as certified by the Executive Secretary, Office of the President.
Publication shall likewise be made the Official Gazette.
Done in the City of Manila, this 6th day of July, in the year of Our Lord, nineteenhundred and eighty-seven.
by: Evita Teope
The Family Code became effective on August 3, 1988, and was published completely on August 4, 1987 issue on the Manila Chronicle
TITLE XIII
USE OF SURNAMES
Article 364. Legitimate and legitimated children shall principally use the surname of the father.
Article 365. An adopted child shall bear the surname of the adopter.
Article 366. A natural child acknowledged by both parents shall principally use the surname of the father. If recognized by only one of the parents, a natural child shall employ the surname of the recognizing parent.
(Repealed)
Article 367. Natural children by legal fiction shall principally employ the surname of the father.
(Repealed)
Article 368. Illegitimate children referred to in Article 287 shall bear the surname of the mother.
Article 369. Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father.
Article 370. A married woman may use:
(1) Her maiden first name and surname and add her husband’s surname; or
Article 371. In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may resume her maiden name and surname. However, she may choose to continue employing her husband’s surname, unless:
(1) The court decrees otherwise; or
by: Rose Ann Villanueva
USE OF SURNAMES
Article 364. Legitimate and legitimated children shall principally use the surname of the father.
Article 365. An adopted child shall bear the surname of the adopter.
Article 366. A natural child acknowledged by both parents shall principally use the surname of the father. If recognized by only one of the parents, a natural child shall employ the surname of the recognizing parent.
(Repealed)
Article 367. Natural children by legal fiction shall principally employ the surname of the father.
(Repealed)
Article 368. Illegitimate children referred to in Article 287 shall bear the surname of the mother.
Article 369. Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father.
Article 370. A married woman may use:
(1) Her maiden first name and surname and add her husband’s surname; or
(2) Her maiden first name and her husband’s surname; or
(3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”
Article 371. In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may resume her maiden name and surname. However, she may choose to continue employing her husband’s surname, unless:
(1) The court decrees otherwise; or
(2) She or the former husband is married again to another person.
by: Rose Ann Villanueva
by: Rose Ann Villanueva
Article 372. When legal
separation has been granted, the wife shall continue using her name and surname
employed before the legal separation.
by: Aneleth Anjolyn
Valencia
In case of legal separation, the wife shall continue to
use the name and surname of her husband. The reason for this rule is that they
are still married, legal separation being a mere separation from bed and board
without severing the marital relationship of the husband and wife. (Laperal vs.
Republic, 6 SCRA 357). But in spite of the use of the word “shall,’’ the use of
the husband’s surname by the woman is not mandatory, but merely optional.
Article 373. A widow may use the deceased
husband’s surname as though he were
still living, in accordance with Article 370.
by: Kristia Capio
Although, the marriage
ties have been dissolved, still the widow may desire to cherish herdeceased
husband’s memory by the continued use of his surname. However, if she does not
want to, she is allowed to use her maiden surname again. Notice the use of the
word “may’’ by the law.
Article 374. In case of identity of names and surnames,
the younger person shall be obliged to use such additional name
or surname as will avoid confusion.
Article 375. In case of identity of names and surnames
between ascendants and descendants, the word “Junior” can be used
only by a son. Grandsons and other direct male descendants shall either:
(1) Add a middle name or
the mother’s surname; or
(2) Add the Roman
numerals II, III, and so on.
Article 376. No person can change his name or
surname without judicial authority.
by: Evita Teope
The change of name under
judicial authorization is governed by Rule 103 of the Rules of Court. Section 1
of the said Rule provides that "A person desiring to change his name shall
present the petition that the petition to the Regional Trial Court (RTC) of the
province in which he resides, or in the City of Manila, to the Juvenile and
Domestic Relations Court." The State has an interest in the names borne by
individuals and entities for purposes of identification.
The change of one's name
or surname is not a matter of right but is a privilege; therefor, before a
person can be authorized to change his or her name that may have been given to
him either in his birth or civil registry, he must show proper or reasonable
cause, or any compelling reason which may justify such change. Otherwise it
shall be denied.
In oder to be able to
change his or her surname, the same must be with judicial authority. There must
be sufficient grounds to one's surname or name, like:
1. When the name is
ridiculous or tainted with dishonor and/or extremely difficult to write or
pronounce;
2. When the right to a
new name is a consequence of a change of status, like where a natural child is
acknowledged or legitimated;
3. When the change is
necessary to avoid confusion;
4. A sincere desire to
adopt a Filipino name to erase signs of a former alien nationality which unduly
hampers social and business life.
In the change of name,
what is altered is only the lable or appellation by which a person is known and
distinguished from the others. It neither alters the family relations nor
create new family rights and duties nor affect aperson's legal capacity or status
or citizenship.
A case related to this
Article inludes:
Calderon vs. Republic
L-18127, April 5, 1967
Facts: A mother who had
a natural child by legal fiction, subsequently married a man other than her
child's real father.
Issue: May the child successfully
petition to change his surname from the real father's name to that o the
stepfather who has no objection thereto?
Ruling: Yes. An
illegitimate child need not bear the stigma of illegitimacy during his whole
lifetime. After all, the stepfather was willing.
Moreover, the change od
name allowed in Rule 103 of the Rules of Court does not alter the status,
rights, duties, or citizenship. It merely changes the appellation by which a
person is known, identified or distinguished from others.
References:
Family Code of the
Philippines 2017th Edition by Judge Ed Vincent S. Albano
Civil Code of the
Philippines Annotated 16th Edition by Edgardo Paras
Article 377. Usurpation of a name and surname may be
the subject of an action for damages and other relief.
Article 378. The unathorized or unlawful use of another
person’s surname gives a right of action to the latter.
Article 379. The employment of pen names or stage names
is permitted, provided it is done in good faith and there is no
injury to third persons. Pen names and stage names cannot be usurped.
Article 380. Except as provided in the
preceding article, no person shall use different names and surnames.
by:
Rose Ann Villanueva
Case:
CESARIO URSUA vs. COURT OF APPEALS AND PEOPLE OF THE PHILIPPINES
G.R. No. 112170, April 10, 1996
BELLOSILLO, J.:
FACTS:
Cesario Ursua had a complaint filed against him while being a
Community Environment and Natural Resources Officer in Kidapawan, Cotabato.
On August 1, 1989 his counsel wrote the Office of the Ombudsman
requesting a copy of the complaint. His counsel asked if he could bring the
letter himself as the law firm’s messenger is not available.
Before heading to the Office of the Ombudsman, he talked to Oscar
Perez and told him that he was reluctant in going himself because he was the
respondent of the complaint, the latter told him to just sign his name if ever
he would be asked to acknowledge the receipt of the complaint.
The petitioner, Cesario Ursua, although hesitant, went to the
Office of the Ombudsman himself and acknowledge the receipt of the complaint
with the name of Oscar Perez. He was the greeted by Josefa Amparo who works
with the same office as Loida, who then learned that the Oscar Perez who signed
the receipt was actually the respondent of the case.
Cesario Ursua was charged and convicted by the trial court in
violation of Sec. 1 of C.A. No. 142 as amended by R.A. No. 6085.
On 31 May 1993 the Court of Appeals affirmed the conviction of
petitioner, hence the appeal to the highest court.
He reiterated that he never used any alias before and used the
name of Oscar Perez only once and with the latter’s permission.
ISSUE:
Whether or not Ursua is liable with the illegal use of alias.
RULING:
No. The petitioner only used the name of Oscar Perez once and had
never used any alias in any other transactions before. The confusion and fraud
in business transactions which the anti-alias law and its related statutes seek
to prevent are not present here as the circumstances are peculiar and distinct
from those contemplated by the legislature in enacting C.A. No. 142 as amended.
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