I. THE FAMILY - A. MEMBERS OF A FAMILY - 1.

NATURE AND SCOPE OF FAMILY RELATIONS

FACTS
DOCTRINE
Husband moved to States to work. Wife filed
Wife-Mendozas complaint is valid. NCC 2035's limitations on CC 222.
complaint bec. he allegedly abandoned her. Wife
Wife-Mendozas complaint involves a CLAIM for FUTURE SUPPORT.
wants maintenance and support from husband.
Under Art 2035 of the Civil Code, claim for future support CANNOT
be a subject of a VALID COMPROMISE.
2 Mendez v. Bionson
Relatives having a dispute over land and its
Collateral relatives who are not brothers and sisters are not included
Collateral relatives not bro partitions
in the term family relations used in Art. 150 [FC].
and sis not included in FC
150
3 Guerrero v. RTC
Property dispute between brothers-in-law
The enumeration of "brothers and sisters" as members of the same
In laws/by affinity NOT FC
family does not comprehend by affinity/ "brothers-in-law" in NCC 217
150
and FC 150.
4 Hontiveros v. RTC
Dispute of brothers over land, case included their
If wives of brothers are included in the filing of a case, said case is
WIVES =/= mems of same respective wives
not covered by FC 151 because the wives are not included in
fam
members of the same family.
I. THE FAMILY - A. MEMBERS OF A FAMILY - 2. SUPPORT
5 Lacson v. Lacson
Husband Lacson left conjugal home, forcing Wife
Dad Lacson should pay for support, bro of Wife can reimburse from
REIMBURSE FROM BRO IN
Lacson to seek shelter and fin assistance
dad;
LAW
somewhere else. (Mom-in-law, her mother, her bro)
FC 203 - when demandable, when payable ang support
& 207 - [UNJUSTLY REFUSES] right of reimbursement of 3rd person
who gave support
6 Gotardo v. Buling
Gotardo backed out of wedding plans after he got
Support follows as a matter of obligation; a parent is obliged to
Buling pregnant
support his child, whether legitimate or illegitimate. The court
prompted the father of an illegitimate child to do his duty, pointing
out that if he loves the child, he should not condition the grant of
support for him on the award of his custody to him.
7 Perla v. Baring
Sweethearts - son Randy - father Antonio seaman
FC 172 & 175 - filiation ITC was NOT established with certainty, so
left them, mother and child now asking for support
Randy not entitled to Antonio's support
I. THE FAMILY - B. THE FAMILY HOME
8 Modequillo v. Breva
Car accident; payment for damages being levied
FH not exempted bec. it was before FC was enacted; FC 152&153 not
upon FH (1969)
retroactive
9 Patricio v. Dario III
Grandpa died, widow wanted to partition FH,
Grandson does not pass req'ts of FC 159, was dependent of
grandson did not
PARENTS, not grandpa.
10 Veneracion v. Mancilla
Utang of Veneracion to Mancilla; levied upon FH
No proof whatsoever of FH, so judgment can be levied upon said
property
11 Sps. Kelley v. Planters
Husband Kelley failed to pay PPI for agri chem
Case remanded to RTC to determine if FH or not: (1) It was
Products Inc.
products, PPI now levying on FH
constituted jointly by the husband and wife, or by an unmarried head
of the family; (2) house & lot where they actually reside (3) part of
the ACP/CPG, or of the exclusive properties of either spouse with the
latters consent, or on the property of the unmarried head of the
family; (4) 300k urban, 200k rural.
CASE TITLE
1 Mendoza v. CA
NCC 2035's limitations

Alex A. D2018 C2019

All existing family residences as of Aug. 3, 1988 are considered

family homes. Debts for which the family home is made answerable
must have been incurred after Aug. 3, 1988. Otherwise, the alleged
family home must be shown to be constituted either
judicially/extrajudicially pursuant to CC. However, the rule is not
absolute. (see: Art 155 and 160 of FC)
12 Josef v. Santos
Josef bought shoe mat'ls from Santos and failed to
Procedure for determining if FH or not: 1) Det. if under FC 155
pay
exceptions 2) Inquire veracity of FH claim 3) Court should determine:
a. when obli rose in re: FC effectivity; b. spouse and beneficiaries of
FH; c. determine which among residences the FH is
13 Sps. De Mesa v. Sps.
Pet Sps. had utang to Resp sps.
Exemption from execution must be set up and proved to the sheriff
Acero
before the sale of the property at public auction. Subject property
became a family residence
sometime in January 1987. No showing of constitution. Still, when
family Code took effect, subject property became a family home by
operation of law and was thus prospectively exempt from execution.
14 Fortaleza v. Lapitan
Pet sps. utang to resp sps. Mortgaged FH as
FC 155 (3) - Jan 28, 1988 - debt incurred before FC took effect. Hence
security, unable to pay
FH can be executed upon
II. PATERNITY AND FILIATION - A. LEGITIMATE CHILDREN - 1. Kinds of Filiation - a. Biological-Natural
15 Perido v. Perido
Marriage of Lucio and his second wife, Marcelina.
Since the marriage of Lucio and 2nd wife was presumed to be valid
Lucio's grandsons from 1st wife are contesting the
in the absence of proof to the contrary, their children were
legitimacy of Lucio's heirs by his 2nd wife.
considered legitimate. Presumption of legitimacy in the absence of
cogent proof that they were illegitimate.
16 Liyao, Jr. v. TanhotiLiyao Jr. impugning his possible legitimacy with
The law favors the legitimacy rather than the illegitimacy of the
Liyao
Corazon Yulo's paramour, Liyao Sr. whom she
child. Liyao Jr cannot choose his own filiation. If Corazons husband,
cohabited for 10 years
Ramony Yulo, does not impugn the legitimacy of the child, then the
status of the child is fixed and the child cannot choose to be the child
of his mothers alleged paramour.
17 SSS v. Aguas
2 children: Jeylnn and Janet's legitimacy for SSS
Jeylnn is a legitimate child- buttressed by her birth cert w/ Pablo's
benefits of Pablo (husband) being asked for by the
signature. A birth certificate signed by the father is a
mom Rosanna
competent evidence of paternity. Janet - NOT legitimate/adopted
child of Pablo only photocopy of birth cert.; no adoption paeprs
II. PATERNITY AND FILIATION - A. LEGITIMATE CHILDREN - 1. Kinds of Filiation - b. Biological-Assisted Reproductive Technology
18 In Re: Baby M
Whitehead had a surrogate contract re: Sterns'
VOID contract of surrogacy; direct conflict with existing statutes and
baby, but suddenly had a change of heart when the
public policies regarding 1) babyselling 2) laws requiring proof of
baby was born
parental unfitness or abandonment before termination of parental
rights is ordered or adoption is granted and 3) revocable-surrender of
custody & consent.
BUT best interest of baby = w/ the Sterns, BUT!! Whitehead still has
visitation rights!
19 Johnson v. Calvert
Calvert couple unable to have child - Johnson
No clear legislative preference is given between blood tests and
surrogate mother - blood test showed that Crispina
gestation as means of establishing a mother and child relationship,

Alex A. D2018 C2019

Calvert = genetic mother of child

20 Andal v. Macaraig

21 Jao v. CA

22 Macadangdang v. CA

23 Republic v. Labrador

24 Tan v. Trocio
25 People v. Tumimpad

26 Benitez-Badua v. CA

Alex A. D2018 C2019

then the case can only be decided by looking at the intent of both
parties as manifested by the surrogacy agreement. VALID contract:
there was consent and financial consideration for the pregnancy &
labor
II. PATERNITY AND FILIATION - A. LEGITIMATE CHILDREN - 2. Impugned Legitimacy
Wife of husband Emiliano who had TB and was
YES. Children born after the 180 days following that of the
bedridden eloped w/ her husband's brother, Felix &
celebration of marriage or within the 300 days next following its
had a child. Is the said child a legit son of Emiliano?
dissolution or the separation of the spouses = presumed
legit. Presumption may only be rebutted if there is proof that it was
physically impossible for the husband to have access to his wife
during the first 120 days of the 300 next preceding the birth of the
child.
W Salgado and H Jao lived together as HW. Salgado
Blood grouping test is admissible and conclusive to prove
gave birth to Janice Salgado, filed for recognition
non-paternity; can establish conclusively that a man is not a father
and support from Jao. Jao denied paternity - Blood
of the child, but not necessarily that a man is the father of a
grouping test of NBI established that Jao was not
particular child. Cohabitation of the supposed father and the mother
the father - Salgado claims that probative value was cannot be a ground for compulsory recognition, if such cohabitation
given to blood tests only in cases where they
could not have produced the conception of the child.
tended to establish paternity
Mejias had an affair with Antonio Macadangdang.
Only the husband can impugn the legitimacy of the child.
She separated from her husband Anahaw after.
Rolando is the child of her husband (Anahaw), not Macadangdang.
After 210 days from separation, Mejias gave birth to The child was born within 300 days after the spouses separated. No
a boy named Rolando Macadangdang as reflected
proof was present to show that sexual intercourse between them
in the baptismal certificate. Mejias sued
was impossible. In fact, the wife continuously visits her four children
Macadangdang to recognize Rolando as his son.
in her mothers house where her husband also stays.
Aunt Labrador filing for change of name of her niece ROC 108 is NOT the proper action to impugn child's legitimacy. CC
from Sarah Erasmo to Sarah Caon because she's
412 and ROC 108: may be used only to correct clerical, spelling,
an illegitimate child and should therefore use her
typographical and other innocuous errors in the civil registry.
mother's surname.
Substantial or contentious alterations may be allowed only in
adversarial proceedings, in which all interested parties are
impleaded and due process is observed.
[DISBARMENT CASE] Tan alleging that Atty. Trocio
Jewel born during the wedlock of Tan & Husband; presumption of
raped her (begot son named "Jewel")
legitimacy prevails.
Bodyguards raped 15 y.o daughter of their boss
Science has demonstrated that by the analysis of blood samples of
(daughter had mind of a 5 y.o.)
the mother, the child and the alleged father, it can be established
conclusively that the man is not the father of a particular child.
(Prieto not father, but Tumimpad is! Blood samples of child Jacob and
Tumimpad are both "O")
Vicente Benitez & wife died w/o heirs. Sister of
FC 164, 166, 170 & 171 DO NOT contemplate a situation like the
Vicente and nephew Aguilar want to file for
instant case, where a child is alleged not to be the biological child of
administration of Vicente's estate by Aguilar,
a certain couple. Arts. govern a situation where a husband (or
contend that Marissa Badua is NOT an heir.
his heirs) denies as his own a child of his wife. Case doesnt

27 De Aparicio v. Paraguya

Woman had affair with priest but married another

guy to avoid scandal when she gave birth to her
child (Consolacion) w/priest; when priest died, his
will acknowledged child as his daughter and left him
all his property rights & interests. Land in question Portion G.

II. PATERNITY AND FILIATION - A. LEGITIMATE CHILDREN - 3.

28 Constantino v. Mendez
Constantino (waitress) had sex with Mendez, a
married man; had a child, now claiming for
acknowledgment and support. Mendez denied having
sex with Constantino
29 Mendoza v. Mella
Father Pareja donated lot to son Gavino. Gavino's
common-law spouse Mendoza and alleged child
contesting when Pareja sold property to 3rd party
Mella; spouse Mendoza says their child is the rightful
successor because he was Gavino's child
30 Lim v. CA
Felisa Lim and Miguel Uy both claiming to be the
children of Susana Lim to inherit her property, to the
exclusion of the other

contend that Marissa is not the child of Vicente by Isabel; but that
she wasnt born to the spouses. Totality of contrary evidence
presented by the respondents sufficiently rebutted the truth of the
content of petitioners birth certificate.
SC: unnecessary to determine the paternity of Consolacion.
As Father Lumain, who died w/o any compulsory heir, Consolacion is
therefore his lawful heir as duly instituted in his will. One who has
no compulsory heirs may dispose by will all of his estate or
any part of it in favor of any person having capacity to
succeed. Portion G and its improvement declared to be owned by
Consolacion
Proof of Filiation - a. How To Prove Filiation
Date of having sex crucial to confirm if child conceived during that
time - BURDEN OF PROOF NOT OVERCOME (she presented the TIME
they had sex) TO PROVE FILIATION, NEED CLEAR & CONVINCING
EVIDENCE
Although a birth certificate is by nature a public document, there
must be a CLEAR STATEMENT in the document that the parent
recognizes the child as his or her own. Without such, voluntary
recognition of filiation has no basis. (ITC: BIRTH CERT HAD NO
SIGNATURES OF PARENTS, only certified copy of registry)
Neither is entitled to the inheritance because: neither of them been
recognized by Susana Lim as her child by any means provided for by
law & neither of them been declared in a judicial proceeding to be
the child of Susana Lim (public doc: NOTARY PUBLIC)
Ruled in favor of the Bibiano heirs. A public instrument explicitly
stating Pedro is the father of Raymundo is strong evidence that he
does not acknowledge or have the intention thereof that the latter is
his son. If Raymundo really believed that he is indeed the son of
Bibiano he could not have consented to executing such declaration;
Trinidads contention of the document was contradictory and
therefore set aside.
SC sided with SolGen--NO. Change of name is a privilege and not a
right, and should therefore be carefully considered by the courts and
to deny the same unless proper and reasonable causes are shown.

31 Heirs of R. Banas v.
Heirs of Bibiano Banas

"Su Padre" letter ending -- Raymundo was the child

of Dolores Castillo and an unknown father. Upon
Raymundos death, his heirs filed for partition of
recovery of hereditary share against the heirs of
Bibiano, claiming that Raymundo was a recognized
natural son of Bibiano.

32 Republic v. CA &
Vicencio

Cynthia Vicencio child of mom and Vicencio, who left

them when she was 1 y.o. Yu was her stepfather but
did not adopt her. Mom now wants to change name
of Cynthia from Vicencio to Yu.
De Asis denied paternity to child whose mother
The right to receive support cannot be renounced nor can it be
claims is his and says he's not required to give
transmitted to a third person; neither can it be compensated with
support. Argued on the basis of res judicata that he's
what the recipient owes the obligator (Art. 301, FC). Furthermore, the
not required to give support (2 actions were filed
right to support cannot be waived or transferred to third parties and
kasi)
future support cannot be the subject of compromise (Art. 2035, FC).
II. PATERNITY AND FILIATION - B. ILLEGITIMATE FILIATION - 1. Proof of Filiation

33 De Asis v. CA

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34 Rodriguez v. CA

35 Aruego Jr. v. CA

Agbulos brought an action for compulsory

recognition against Bienvenido Rodriguez. Agbulos
brought her mother as first witness. She identified
the plaintiffs father, but the opposing counsel
objected, on the basis of Art. 280 CC.
Mom filing for recognition and successional rights of
her 2 daughters from a married man, saying 2
daughters are his illegitimate children

36 Jison v. CA

Nanny and married man had sex and respondent

now wants to file for recognition as illegitimate child
of married man.

37 Alberto v. CA

Reniva & Gov. Alberto had a daughter, Theresa. They

married after Theresa's birth. Gov. was assassinated
and died intestate. Reniva petitioned for the
administration of his estate and was appointed
administratrix. Theresa motioned to intervene as
oppositor and re-open the proceedings, praying that
she be declared as having acquired the status of a
natural child, and thus being entitled to share in
Juans estate.
Respondents claim that they are the duly
acknowledged illegitimate children of Sima Wei. Sima
Weis known heirs are his spouse Shirley Guy and
their children all surnamed Guy. Respondents prayed
that Michael Guy (Petitioner) be appointed as Special
Administrator of the estate. Michael, on the other
hand, prayed for the dismissal of the petition,
arguing that respondents should have established
their status as illegitimate children during the
lifetime of Sima Wei, pursuant to Art. 175 of FC. In a
supplement
Mom married to Japanese man Hasegawa cohabited
with Ong. Gave birth to a child, praying for
recognition and support of Ong. Ong conteste this,
says child was born of mom and Hasegawa.

ASSASSINATED
GOVERNOR OTW TO
DAUGHTER'S 14th BDAY

38 Guy v. CA

39 Estate of Rogelio Ong

v. Diaz
DNA TESTING

Alex A. D2018 C2019

280 refers to VOLUNTARY recognition, not compulsory recognition

(compulsory ITC). Also, it's not in effect na.
FC 172 has adopted CC 283, particularly paragraph 4, where filiation
may be proven by any evidence or proof that the defendant is his
father.
Family Code cannot be given retroactive effect insofar as it
prejudices the vested right of persons under the Civil Code. ITC, SC
applied Tayag v. CA: Right of action of the minor child has been
vested by the filing of the complaint in court under the regime of the
Civil Code, prior to the effectivity of the Family Code. This right can
no longer be prejudiced or impaired by the enactment of a new law.
The application of Art. 175 of the Family Code will adversely affect
right of private respondent.
Testimonial evidence was more than sufficient to establish her open
and continuous possession of status as an illegitimate child.
However, resp cannot rely on her birth and baptismal certificates
since it was not shown that the putative father had anything to do
with the filing of said certificates.
Recognition based on possession of natural status NCC 285 - The
action for the recognition of natural children may be brought only
during the lifetime of the presumed parents, except in the following
cases: (1) If the father or mother died during the minority of the
child, in which case the latter may file the action before the
expiration of four years from the attainment of his majority. (Within
the deadline!)
Release and Waiver of Claim does not bar the minor respondents
from claiming successional rights. The SC ruled that there was no
waiver of hereditary rights waiver was not clear on the purpose of
its execution. Private respondents could not have possibly waived
their successional rights because they are yet to prove their status
as acknowledged illegitimate children of the deceased.
DEPENDS ON TYPE OF EVIDENCE:
- record doc instrument = lifetime of child BUT IF
-open & continuous possession of status = lifetime of parent
Child not legit child of Jap man and Mom. Presumption of legitimacy
of the child is not conclusive and may be overthrown by evidence to
the contrary. Further, the resolution of the second issue will render
the issue moot. Rogelios death does not ipso facto negate the

Karichi: This was decided differently, deviated from

the rule that only the husband can raise or impugn
the childs legitimacy. Ma'am is in favor of this ruling.
40 Lucas v. Lucas
41 Uyguangco v. CA
42 David v. CA

43 People v. Namayan
44 Gan v. Reyes

45 De Guzman v. Perez

46 Republic v. Capote

47 Dolina v. Vallecera

48 Ramirez v. Gmur

Alex A. D2018 C2019

application of DNA testing for as long as there exist appropriate

biological samples of his DNA. Biological samples means any organic
material originating from a persons body, even if found in inanimate
objects.
DNA testing allowed, but only upon showing of prima facie evidence.

Petitioner Lucas claims to be the illegitimate son of

respondent Lucas through DNA testing
II. PATERNITY AND FILIATION - B. ILLEGITIMATE FILIATION - 2. Rights of Illegitimate Children
Petitioner claiming to be illegit son of dad
FC 172 2nd par (2ndary evidence) only brought during lifetime of
alleged parent
Married man took illegit son to Boracay then refused
Illegit child under the parental authority of his mother. Even if
to give him back to mom, mom filed writ of hc on
husband can provide the needs of the son better is not an argument
behalf of her son
against the mothers custody. The fact that Ramon recognized the
child may be a ground for him to give support but not custody.
Namayan raped a 21 y.o. w/ mind of a 7 y.o.
Rape carries with it among others the obligation to acknowledge the
Namayan denied it bec. he was allegedly in jail when
offspring if the character of its origin does not prevent it and to
victim conceived child. (NO)
support the same.
Gan denying paternity of child, mother instituted
In all cases involving a child, his interest and welfare are always the
complaint for support
paramount concerns. There may be instances where, in view of the
poverty of the child, it would be a travesty of justice to refuse him
support until the decision of the trial court attains finality. Cases
involving child support are final and immediately executory, even
more so, cannot be stayed by an appeal.
UST law sweethearts, had a child but guy married
Crime of neglect may be committed by ANY parent. But the guy
another woman. Woman filed crim complaint for
cannot be indicted for violation of PD 603 in relation to RA 7610 as
abandonment
the latter covers only those cases of neglect under the former which
are not covered by the RPC. Neglect of child under PD 603 is also a
crime under Art 277 of the RPC. Hence, it is excluded from the
coverage of 7610 - Presumption of innocence is his favor still stands,
guilt not yet proven beyond reasonable doubt
Guardian filing for name change of child because
Name change granted. Since private respondent has complied with
child carries dad's surname; wants to change to
the requirements of Rule 103. Art 366 CC states that he should take
mom's surname for easier processing of papers to go the surname of the recognizing parent, who in the present case is
abroad to be reunited with mom
the mother. Art 176 FC mandates that illegitimate children shall use
the surname of the mother.
Alleged VAWC but also included prayer for support
You don't file for support under RA 9262 (must be that both were
abused, but ITC, they were not. They weren't even living with
Vallecera)
II. PATERNITY AND FILIATION - C. LEGITIMATED CHILDREN
Bischoff died, had a widow and allegedly no heirs.
The right to inherit is limited to legitimate, legitimated &
Legitimacy of 2 sets of children (Kauffman and
acknowledged natural children, excluding kids of adulterous
Mory( dependent on mother's (Leona Castro)
relations. Descendants under CC Art. 941 cant include
legitimacy as natural child of Bischoff and her 2nd
illegitimates born of adulterous relations.

49 In Re: Julian Wang

50 In Re: Adoption of
Edwin Villa

51 Republic v. CA &
Bobiles

52 Republic v. Miller

53 In Re: Petition for

Adoption of Michelle Lim

54 Lazatin v. Campos

Alex A. D2018 C2019

marriages validity. Mory children illegit bec. void

marriage
Parents petition for child to drop middle name
because of plan to stay in Singapore

Dropping the middle name of a minor child is contrary to FC 174.

Middle names serve to identify the maternal lineage or filiation of a
person as well as to distinguish one from others. Convenience is not
a valid reason for dropping one's middle name.
III. ADOPTION - B. WHO MAY ADOPT/ BE ADOPTED
Sister wanted to adopt younger brother (wide age
CC 335 doesn't prohibit sisters from adopting younger bros. CC 339
gap). SC ruled that she can adopt her younger
doesn't exclude him either. CC 338 allows the adoption of a natural
brother. The Civil Code articles on adoption do not
child by the natural father or mother, of other illegitimate children by
probhit it.
their father or mother, and of a step-child by the step-father or
stepmother. This last article removes all doubts that adoption is not
prohibited even in these cases where there already exist a
relationship of parent and child between them by nature. - Regarding
the dual relationship, it should be noted that relationship established
by the adoption is limited to the adopting parents and does not
extend to their other relatives, except as expressly provided by law. Lastly, we do not have any provision in the law that expressly
prohibits adoption among relatives, thus they ought not to be
prevented.
Feb. 2 1988 - Zenaida Bobiles filed a petition to
FC 185 does not retroact to Bobiles' petition to adopt. (FC 256
adopt Jason Condat before the RTC of Legaspi City. supports this!) FC 185 of FC is remedial in nature. Procedural
The court found the petition sufficient in form and
statutes are ordinarily accorded a retrospective construction in the
substance; it complied with all jurisdictional
sense that they may be applied to pending actions and proceedings,
requirements and the petition has the positive
as well as to future actions. However, they will not be so applied as
endorsement of the DSWD. Because of those
to defeat the procedural steps completed before their enactment.
elements, the trial court granted the adoption.
2 aliens wanted to adopt a child before FC was
FC cannot retroact against a vested right. In this case, the vested
effected
right is the right to adopt per qualification under the Child and Youth
Welfare Code. - A vested right is one whose existence, effectivity,
and extent does not depend upon events foreign to the will of the
holder.
Childless couple raised 2 kids as their own. H died,
NO. Parental authority is only one of the effects of adoption. Husband
widower wanted to adopt children...but they were
and wife must adopt jointly except for instances allowed by law.
adults already.
(Sec. 7, Art. 3 RA 8552)
III. ADOPTION - C. ADOPTION
The will in the safety deposit box; when secondary
evidence of adoption admitted (Read Karichi and
A2016 kasi mahaba yung case)

PROCEEDINGS
Renato has not established his status as an adopted child. Secondary
evidence is not admissible unless the existence of the records are
proven along with the contents of the records and its loss. Adoption
is a juridical act and the statutory requirements must be strictly

carried out otherwise it is a nullity. The fact of adoption is never

presumed, but must be affirmatively proven by the person claiming
its existence.
Consent by the parents to the adoption is not an absolute requisite.
If the natural parents have abandoned their kids, consent by the
guardian ad litem suffices
DSWD has to be notified of the adoption proceedings. A Home and
Child Study Report is mandatory before adoption is to be finalized.

55 Santos v. Aranzanso

Abandoned kids were adopted after the war

56 DSWD v. Belen

Naturalized US citizens wanted to adopt. It was

found out that DSWD was not informed about
proceedings or pet. for adoption
III. ADOPTION - D. EFFECTS OF ADOPTION
10 y.o. child who shot someone while there was an
Liability is with biological parents bec. there was no decree of
ongoing petition for his adoption
adoption yet and child was still living with biological parents at that
time--physical custody. (NCC 2180, FC 221) NO retroactive effect of
adoption decree in this case bec. to hold would-be adopters liable
would be unfair bec. they couldn't have foreseen or prevented it
(IF CASE DECIDED @ PRESENT: RA 8552 Sec. 12 applies supervised trial custody would imply already exercising temporary
parental authority)
Doribel was the legitimate child but Delia and
The adopted children are entitled to Teodoros estate. Legally
Raymundo were adopted, so they're total strangers
adopted children have the right to inherit from the adoptive
to their grandparents. All three can inherit from
parents.
their parents, but only Doribel can inherit from her
However, the adopted children may not represent their adoptive
grandparents.
parent, hence Delia and Raymundo cannot inherit from their
grandpaerents. Adoption creates a relationship only between
the adoptive parents and the adopted. It does not extend to
the blood relatives of either party. The grandparents were total
strangers to Delia and Edmundo, as adopted children - An adopted
child is deemed to be a legitimate child, and thus has the same
rights as legitimate child. HOWEVER, these rights do not include the
right of representation. The relationship created by the adoption is
between only the adopting parents and the adopted child, and does
not extend to the blood relatives of either party.
Single married mother wanted maiden surname for
GRANTED. Court upheld law which entitled adoptee to use adopter's
adoptee and not her married surname
surname (maiden name of mother) and not surname acquired by
virtue of marriage. Adoption creates a personal relationship b/n
adopter and adoptee, husband not a co-petitioner in adoption hence
child not entitled to use husband's surname.
MICHAEL-MIDAEL clerical error
Action for correction of entries in the civil registry may NOT
be done in the same action for adoption.
NOT GRANTED because since the case falls under Rule 108 (o.
change of name, in Sec 2. Entries subject to cancellation or
correction), Sec. 3 of said rule requires the local civil registrar to

57 Tamargo v. CA

58 Sayson v. CA

59 Johnston v. Republic

60 Republic v. CA &
Caranto

Alex A. D2018 C2019

61 Republic v. CA & Wong

Chinese sps. Wong adopted Maximo (Muslim

Filipino), upon age 22, Maximo wanted to change
name to Maximo Alcala (former name before
adoption)

62 Republic v. Hernandez

Aaron Munson's case!! - Baptismal name (Aaron

Joseph) was different from birth name (Kevin Earl)

63 In Re: Adoption of
Stephanie Garcia

be impleaded in the proceeding. He is an indispensable

party, without whom no final determination of the case can be had.
- Nor was notice of the petition for correction of entry published as
required by Sec. 4 of the same rule. The notice given by
publication in this case was only for adoption (Rule 99, $4). Nothing was mentioned that in addition the correction of his name in
the civil registry was also being sought. Thus, decision of the RTC
with regard to the correction of the name is null and void for
lack of jurisdiction.
GRANTED. Though FC 365 states that adoptee shall bear adopter's
surname, change of surname of adopted child is more of an
incident rather than object of adoption proceedings. - It was
proven that the surname was detrimental to Maximos business.
Likewise, the change of Maximos surname was not done to defraud
anyone. Use of the adoptive parents surname is not the main
objective of adoption but merely one of its effects.
Can't change child's birth name (birth certificate in civil register) to
baptismal name - Creation of adoptive relationship does not confer
upon adopter a license to change adoptee's first name - should first
undergo judicial proceeding bec. it's a substantial change in one's
legal name.
(IF CASE DECIDED @ PRESENT: RA 8552 applies, giving adopter
right to change child's first name)
Change of name to dad's surname & mom's surname as child's
middle name was allowed - child became dad's legit child by virtue
of adoption

Middle name of illegitimate child was after mother's

middle name ; child adopted by biological dad
wanted to change middle name to mother's last
name, and surname to his own surname
IV. PARENTS AND CHILDREN -A. PARENTAL AUTHORITY -1. CUSTODY - A. DETERMINING THE BEST INTEREST OF THE CHILD - i. Gender and
Tender Years Presumption
64 Ex Parte Devine
Father challenging TYP on EPC grounds
TYP violates EPC, ; test: fitness :: proxy : age is NOT FIT for the
purpose of the law -- The tender years presumption represents an
unconstitutional gender-based classification which discriminates
between fathers and mothers in child custody proceedings solely on
the basis of sex. It creates a presumption of fitness and suitability of
one parent without consideration of the actual capabilities of both
parties. It also imposes unnecessary legal burden on the father.
(Note: The burden of proof that the mother is unfit. Thus, the male
can only gain custody IF the female is unfit even if the father is fit.
This violates the equal protection clause.)
65 Sy v. CA
Mom praying in rain
FIT - TYP! - Because all of dad's arguments, aside from being
- Mercedes filed a petition for writ of habeas corpus
unsubstantiated, had been refuted by Mercedes. She left the
for
conjugal home to work in Taiwan and earn money to reclaim her

Alex A. D2018 C2019

her two minor children Vanessa and Jeremiah.

children. Her act of praying in the rain is a mere expression of her
- Her husband Wilson alleges that she is unfit for
faith, which is the same reason for the couples separation (religious
custody
differences).
because she has 1) abandoned their family, 2)
mentally
unstable and 3) cannot provide for their children
IV. PARENTS AND CHILDREN -A. PARENTAL AUTHORITY -1. CUSTODY - A. DETERMINING THE BEST INTEREST OF THE CHILD - ii. Parental Unfitness
66 Feldman v. Feldman
Divorcee mom's unusual sex activities - SCREW
FIT - Unusual sexual practices of mom do not ipso facto mean she is
magazine found by ex-husband - Husband filed for
unfit for custody of their children. Although the contents of Screw
habeas corpus, seeking custody of their children.
Magazine may be offensive to some, the court cannot prohibit
individuals from reading in the privacy of their own homes. Also, the
private sex life of individuals is within the penumbra of the right to
privacy.
- Sole concern is for the best interests of the children. In this case,
both children have resided with the mother since birth, a change of
custody at this late date should not be made unless there is a
showing that she is unfit to continue as the custodial parent.
67 Gualberto v. Gualberto
Lesbian mom with alleged sexual proclivities
FIT - no evidence of child being exposed to sexual proclivities of
mother nor of same-sex relationship in presence of son or under
circumstances not conducive to child's moral dev't; baby can't
understand situation so moral dereliction won't have any effect;
TENDER YEARS' PRESUMPTION (FC 213) IS CONTROLLING
IV. PARENTS AND CHILDREN -A. PARENTAL AUTHORITY -1. CUSTODY - B. ROLE OF CHILD'S PREFERENCE
68 Laxamana v. Laxamana Drug dependent dad asking for visitation rights to
FIT; inadequate records and evidence =saving grace.
his children
Although he is not completely cured of his drug dependence, there
is no evidence showing that he is unfit to provide the
children with adequate support, education and moral and
intellectual training and development. Moreover, the children in
this case were 14 and 15 years old at the time of the promulgation of
the decision, yet the court did not ascertain their choice as to which
parent they wanted to live.
* Maam Beth does not like this decision. Why would you risk the
children staying with someone who has propensity for drug
addiction? Its only saving grace is that the lower court would only
receive evidence.
IV. PARENTS AND CHILDREN -A. PARENTAL AUTHORITY -1. CUSTODY - C. PRESUMPTION FOR PRIMARY CARETAKER (rule not followed in Phils.)
69 Garska v. McCoy
Grandparents filed adoption petition to adopt the
Garska should NOT be awarded custody. Primary caretaker- one
child of McCoy (mom) and Garska (dad who didn't
who performs the following caring and nurturing duties of the parent:
send support until 1.knowledge of birth and 2.
meals, bathing, grooming, dressing, clothes, medical care, play
knowledge of adoption of grandparents of McCoy of
dates, alt. care, bedtime, disciplining, education, teaching skills.
their baby) Garska then filed a writ of habeas
Once the primary caretaker is identified, all that need to be
corpus, claiming the custody of child
determined is whether the parent is unfit or not. In this case,

Alex A. D2018 C2019

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70
71

72
73

74

75

it is obvious that McCoy is the primary caretaker, no finding

that McCoy is unfit. In fact, all of the evidence indicates that she
mobilized all of the resources at her command, namely the solicitous
regard of her grandparents, in the interest of this child and that she
went to extraordinary lengths to provide for him adequate medical
attention and financial support.
IV. PARENTS AND CHILDREN - B. OTHER RIGHTS AND DUTIES IN EXERCISE OF PARENTAL AUTHORITY
Salientes v. Abanilla
In-law problems, husband was prevented from
De facto separation; not settled custody matter yet, so father retains
seeing his child
parental authority over child
Lindain v. CA
Widowed mother of minor petitioners who owned a
A parent, as legal administrator of property owned by his/her minor
parcel of land sold the land to defendants- spouses
children, cannot sell said property without judicial approval. Parent,
without judicial approval, despite defendants
as legal administrator, only has powers of possession and
knowing sale was illegal. Petitioner minors therefore management and no powers of disposition or encumbrance. (NCC
sued to declare the sale null and void.
320)
People v. Silvano
Father raped his daughter as punishment
The Code recognizes the authority of parents to discipline their
children but not to the extent that the father would force her
daughter to have sex with him under the mask of punishment.
Shields v. Gross
Brooke Shields' nude modeling contract entered
An infant model, upon reaching the age of majority, may NOT
into by her mother for her when she was 10 y.o.
disaffirm a prior unrestricted consent executed on her behalf by her
parent and maintain an action pursuant to section 51 of the Civil Law
Rights against her photographer for republication of photographs of
her. Neither was judicial approval of the contract necessary because
this was only required of child performers which by statutory
definition excludes child models. The decision balanced two
interests, that of: 1. the child: not pornographic (????) 2. stability of
commercial transactions
IV. PARENTS AND CHILDREN - C. SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY
Palisoc v. Brillantes
While inside the laboratory room of Manila
President (Valenton) and instructor (Quibule) are jointly and severally
Technological
liable since incident could have been prevented if they gave proper
Institute, Dominador Palisoc and Virgilio Daffon
supervision. It is not necessary that the student boards in the school
engaged in
for NCC 2180 to apply. As long as students are in their custody, they
a brawl which killed Palisoc. Palisoc's parents
stand in loco parentis and must exercise reasonable supervision over
claim damages from the school, the teacher and
the conduct of the child. Custody, as used in Art 2180, means the
Daffon
protective and supervisory custody that the school and its heads and
(who is already of legal age).
teachers exercise over their students for as long as they are in
attendance in the school, including recess time.
-- during school hours, school liable if impleaded
Amadora v. CA
Just before their highschool graduation, Pablito
Who may be held liable for the damages?
Daffon shot Alfredo Amadora which resulted to his
HELD:
death. It was proven that they were only at the
1) Not the school nor the administrators: Art 2180 only holds school
school auditorium to finish/submit their project in
administrators of trade and art school liable, but not academic
Physics. Amadoras parents claim for damages
institutions.

Alex A. D2018 C2019

11

which RTC and CA dismissed.

76 St. Mary's Academy v.

Carpitanos

77 Vancil v. Belmes

78 Abiera v. Orin

79 In Re: Edward C.

80 Strunk v. Strunk

Alex A. D2018 C2019

St. Marys Academy conducted an enrollment drive

where prospective enrollees schools are visited to
campaign. Deceased Sherwin Capistranos was part
of the group. They rode a jeep owned by Vivencio
Villanueva and driven by minor James Daniel II. The
jeep turned turtle and Sherwin died.

2) Not the teacher in charge because it was not show that he was
not required to be there at the time of the incident.
3) Not the school prefect because it was not proven that the gun
used by Daffon was the same gun he had confiscated and did not
report to authorities. However, it was established that Art 2180
applies to all schools, academic or non-academic. In academic
schools, teacher in charge is liable for student's misconduct. In
nonacademic schools, the head is liable. Custody is not coterminous
with semester. As long as student is under the control and influence
of school and within its premises in pursuance of legitimate right,
obligation or privilege, he is considered under school custody.
* Maam Beth thinks Amadora was incorrectly decided
-- not during class hours, what mattered was the purpose
School NOT liable for death of student; proximate cause was not the
negligence of the teachers. Liability for damages caused by
acts/omissions of a minor is on those given the authority and
responsibility to take charge of them pursuant to Art. 219 FC.
However, the proximate cause of the acts/omissions should be
proved to be the negligence of the person given authority, otherwise
the parents of the minor should be liable.
Grandma may NOT be granted guardianship instead of the mother.
Parents have the preferential right to the custody of their children
especially if there is continuous parental authority. (FC211)
Grandparents are only resorted to in case the parent is absent, dead
or proved to be unsuitable. (FC 214)
(FC 211)

Reeder Vancil died as a US Navy Serviceman in

1986. He is survived by his common-law wife Helen
Belmes (herein respondent) and two minor children
Valerie and Vincent. The kids were 6 and 2 years old
respectively in 1987. - Bonifacia, Reeders mother
and a naturalized American citizen, is the petitioner
in this case. She seeks guardianship over the
persons and properties of the two minors.
IV. PARENTS AND CHILDREN - D. SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY
Sebastian was the son of Juan (3 men: 2 bros and 1
Parental authority is a personal right that died with Juan. It cannot be
bro-in-law) who was the original administrator.
transferred.
Sebastian cannot demand payment as "special
administrator" in lieu of Juan bec. Juan cannot
transfer the right to represent his children to
Sebastian, his child.
IV. PARENTS AND CHILDREN - F. WHEN RIGHTS CLASH
Punished 8 y.o son and other sons in the name of
NO- Mistreatment of a child, however, is not privileged because it is
religion; excessive punishment
imposed in the guise of freedom of religious expression. Whether
discipline is excessive or a lifestyle is harmful to the child must be
measured in the light of an objective standard of reasonableness
under all the circumstances.
2 brothers, 1 was mentally incompetent and the
YES - incompetent bro needed other bro to live a decent life because

12

other needed a kidney from his brother.

81 Conservatorship of
Valerie N.
82 Curtis v. School
Committee
83 Roe v. Doe

84 Reyes-Tabujara v. CA
85 Madrinan v. Madrinan

Alex A. D2018 C2019

he was the only one he bonded with; mom was already 50 y.o at that
time and would be too old
Daughter Valerie had Down Syndrome, mother
NO - law is unconstitutional (sterilization) and would impinge 14th
wanted to sterilize her -excessive masturbation,
Am., no proof that they've exhausted all means to find another
malandi sa guys etc.
solution for Valerie
Condom vending machines availability program in
YES - there was no coercion for the students to avail of the condoms
Falmouth school, parents said this was violating
being offered, they could choose not to avail of it. No right violated,
their freedom to religious expression
no supplanting of parental authority
Disobedient druggie daughter in NY, lived with
NO - A minor of employable age and in full possession of her
friends and worked on her own
faculties, voluntarily and without cause, abandons the parents' home
against the will of the parents, and for the purpose of avoiding
parental control, she forfeits her right to demand support.
2 factors: age (20 y.o.) & reasonable demands of father (come back
home)
IV. PARENTS AND CHILDREN - G. SUMMARY PROCEDURE
Dad took son away and mother hasn't seen him
RTC has jurisdiction over habeas corpus petitions; RA 8369 did not
since, so mother filed writ of habeas corpus
divest RTC of jurisdiction (CA & SC = have concurrent juris!)
Wife and husband each blamed each other for
CA has jurisdiction re: writ of habeas corpus cases (Sec. 5b, RA 8369
having their own vices, dad took sons away, mom
-- concurrent jurisdiction!)
filed for writ of habeas corpus
the issuance of the writ is merely ancillary to the custody case
pending before the family court. The writ must be issued by the
same court to avoid splitting of jurisdiction, conflicting decisions,
interference by a co-equal court and judicial instability.
The rule therefore is: when by law jurisdiction is conferred on a court
or judicial officer, all auxiliary writs, processes and other means
necessary to carry it into effect may be employed by such court or
officer. Once a court acquires jurisdiction over the subject matter of a
case, it does so to the exclusion of all other courts, including related
incidents and ancillary matters.

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