FAMILY RELATIONS

Family is a group formed by the spouses and their

children (Tolentino)
The ff. may be considered as the fundamental
bases of the family:
1.) Matrimonial union;
2.) Relationship within the degree determined
by law, whether legitimate or illegitimate;
and
3.) Adoption (id.)
A. What governs family relations
FC 149: The family, being the foundation of the
nation, is a basic social institution which public
policy cherishes and protects. Consequently,
family relations are governed by law and no
custom, practice or agreement destructive of the
family shall be recognized or given effect. (216a,
218a)
Family rights age governed by law. They are
acquired,
exercised
and
extinguished
in
accordance with the provisions of the law. (Id.)
The law governs only the external relations
between spouses, and between parents and
children. (Id.)
B. Effects of family relationship on legal
disputes
FC 150: Family relations include those:
(1) Between husband and wife;
(2) Between parents and children;
(3) Among other ascendants and descendants
(4) Among brothers and sisters, whether of the
full or half-blood. (217a)
Classes of Family Relations
Natural
By Consanguinity is that arising by blood,
binding persons who come from a common
descendant; may be legitimate or illegitimate
By Affinity is that which exists between one
spouse and the relatives of the other spouse
Civil- created by law (e.g. adoption)
Religious- created by the administration of
religious sacraments
FC 151: No suit between members of the same
family shall prosper unless it should appear from
the verified complaint or petition that earnest
efforts toward a compromise have been made, but

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that the same have failed. If it is shown that no

such efforts were in fact made, the same case
must be dismissed.
This rule shall not apply to cases which may not
be the subject of compromise under the Civil
Code. (222a)
The impediment arising from this provision is
limited to suits between members of the family as
enumerated in Article 150 of this Family Code.
(Gayon v. Gayon, 36 SCRA 104)
Reason for this Article: "it is difficult to imagine
a sadder and more tragic spectacle than a
litigation between members of the same family"
hence, "it is necessary that every effort should be
made toward a compromise before a litigation is
allowed to breed hate and passion in the family"
and "it is known that a lawsuit between close
relatives generates deeper bitterness than
between strangers" (Report of the Code
Commission, p. 18)
Where one of the parties to a civil litigation is not
a member of the family, some of whose members
are adverse parties to such suit, lack of earnest
efforts to reach a compromise should not be
considered a jurisdictional pre-requisite to
maintenance of action. (Magbaleta vs Gonong,
76 SCRA 511)
Once a stranger becomes a party to a suit
involving members of the same family, the law no
longer makes it a condition precendent that
earnest efforts made be towards a compromise
before the action can prosper. (Hiyas Savings &
Loan Bank, Inc. vs. Acua, 500 SCRA 514)
For the impediment to arise, the suit must be for a
ground which can be the subject of a valid
compromise. (Tolentino)
NCC 2035: No compromise upon the following
questions shall be valid:
(1) The civil status of persons;
(2) The validity of a marriage or a legal
separation;
(3) Any ground for legal separation;
(4) Future support;
(5) The jurisdiction of courts;
The right to support or future support cannot be
compromised but the amount in arrears of support
may be compromised. (Wainwright v. Versoza,
26 SCRA 78)
Within the time for but before filing the answer to
the complaint or pleading asserting a claim, a
motion to dismiss may be made on a ground that
a condition precedent for filing the claim has not
been complied with. (ROC Rule 16 Sec. 1(j)

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Given that the alleged defect is merely failure to

allege compliance with a condition precedent, the
proper solution is not an outright dismissal of the
action,
but
an
amendment.
(Tribiana
vs.Tribiana, G.R. No. 137359, Sept. 13, 2004)
The rendition of mutual aid among members of a
family must be made within the law (Tolentino)
However, there are certain provisions of law which
recognize this obligation as basis for justifying an
act otherwise criminal, or mitigating the penalty
therefor. (Id.)

If he shall inflict upon them physical injuries of any

other kind, he shall be exempt from punishment.
These rules shall be applicable, under the same
circumstances, to parents, with respect to their
daughters under eighteen years of age, and their
seducer, while the daughters are living with their
parents.
Any person who shall promote oor facilitate the
prostitution of his wife or daughter, or shall
otherwise have consented to the infidelity of the
other spouse shall not be entitled to the benefits
of this article.

On defense of relatives:
Persons Exempt from Criminal Liability
RPC 11: The following do not incur any criminal
liability: xxx 2. Anyone who acts in defense of the
person or rights of his spouse, ascendants,
descendants, or legitimate, natural or adopted
brothers or sisters, or his relatives by affinity in
the same degrees and those consanguinity within
the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding
circumstance
(unlawful
aggression
and
reasonable
necessity
of
the
means
employed to prevent or repel it) are present,
and the further requisite, in case the revocation
was given by the person attacked, that the one
making defense had no part therein.

RPC 332: No criminal, but only civil liability shall

result from the commission of the crime of theft,
swindling, or malicious mischief committed or
caused mutually by the following persons:
1. Spouses, ascendants and descendants, or
relatives by affinity in the same line;
2. The widowed spouse with respect to the
property which belonged to the deceased
spouse before the same shall have passed
into the possession of another; and
3. Brothers and sisters and brothers-in-law and
sisters-in-law , if living together

On vindication of offense:
RPC
13:
The
following
are
mitigating
circumstances: xxx 5. That the act was committed
in the immediate vindication of a grave offense to
the one committing the felony, his spouse,
ascendants, descendants, legitimate, natural or
adopted brothers or sisters, or relatives by affinity
within the same degrees.
On accessories:

The exemption established by this article shall not

be applicable to strangers participation in the
commission of the crime.
The relationship by affinity between the surviving
spouse and the kindred of the deceased spouse
continues even after the death of the deceased
spouse, regardless of whether the marriage
produced children or not. (Intestate Estate of
Gonzales v People, 612 SCRA 272)

RPC 20: The penalties prescribed for accessories

shall not be imposed upon those who are such
with respect to their spouses, ascendants,
descendants, legitimate, natural and adopted
brothers and sisters, or relatives by affinity within
the same degrees, with the single exception of
accessories falling within the provisions of
paragraph 1 of the next preceding article.
Death or Physical Injuries
Exceptional Circumstances

Inflicted

Under

RPC 247: Any legally married person who having

surprised his spouse in the act of committing
sexual intercourse with another person, shall kill
any of them or both of them in the act or
immediately thereafter, or shall inflict upon them
any serious physical injury, shall suffer the penalty
of destierro.

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The impediment arising from this provision applies

to suits "filed or maintained between members of
the same family."
GAYON vs. GAYON
L-28394, November 26, 1970
Concepcion, C.J.
FACTS:
July 31, 1967- Pedro Gayon (plaintiff) filed a
complaint against spouses Silvestre Gayon
and Genoveva de Gayon (defendants)
alleging that:

Mrs. Gayon is plaintiff's sister-in-law, whereas her

children are his nephews and/or nieces. Inasmuch
as none of them is included in the enumeration
contained in said Art. 217 which should be
construed strictly, it being an exception to the
general rule and Silvestre Gayon must
necessarily be excluded as party in the case at
bar, it follows that the same does not come within
the purview of Art. 222, and plaintiff's failure to
seek a compromise before filing the complaint
does not bar the same.

o October 1, 1952- a deed of sale was

executed in favor of Pedro Gelera to sell
an unregistered land for Php 500.00
(with
improvements)
subject
for
redemption not later than October 1,
1957 (5 years).
o Right
of
Redemption
was
NOT
EXERCISED by Silvestre, Genoveva or
any of their heirs or successors.
o March 21, 1961- Pedro Gelera and his
wife Estelita sold the land to Pedro
Gayon for Php 614.00. Since 1961
improvements were introduced and
taxes were fully paid until 1967.
Genoveva filed an answer alleging that:
o Silvestre Gayon died on January 6,
1954
o the deed of sale executed was fictitious
because the signature in the deed was
not hers.
o Being the brother of Silvestre, Pedro did
not exert efforts for the amicable
settlement of the case before filling his
complaint.
SEPTEMBER
16,
1967dismissed the complaint/

lower

court

ISSUE: W/N Pedros failure to compromise bars

suits against the Silvestre and Genoveva?
HELD:
No. Art. 222 of our Civil Code provides: No suit
shall be filed or maintained between members of
the same family unless it should appear that
earnest efforts toward a compromise have been
made, but that the same have failed, subject to
the limitations in article 2035.

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WAINWRIGHT vs. VERSOZA

L-25609, November 27, 1968
Sanchez,J.
FACTS:
MARCH 4, 1964- A verified complaint for
support, support in arrears and damages and
custody of children, with a petition for
support pendent lite was filed by
ISSUE:
HELD:

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