ADOPTION *3 Exceptions: (1) If the alien was formerly a Filipino and he/she seeks to adopt his/her relatives within

*3 Exceptions: (1) If the alien was formerly a Filipino and he/she seeks to adopt his/her relatives within the 4th civil degree of consanguinity or affinity; (2) If he seeks
to adopt the legitimate child of his/her Filipino spouse; and (3) If an alien married to a Filipino seeking to adopt the relatives of his/her spouse within the 4th civil
Adoption is legal filiation. This is the only mode where filiation is established legally. degree

Take Note: Filiation by Adoption is a judicial or legal process.
In the Philippines we have 2 existing laws on adoption. RA 8552 is the Domestic Adoption Law and RA 8043 is the
Inter-Country Adoption Law.
Comparisons between Domestic and Inter-Country Adoption provided in the following table:
Matter Domestic Adoption
Who may adopt? 1. Adopter must be at least 18;
2. Adopter could be an alien or
Filipino;
3. If the adopter is Filipino, the
adopter could either be
residing in the Philippines or
abroad;
4. If the adopter is an alien,
generally, he should reside in
the Philippines for at least 3
years before filing*
Inter-Country Adoption
1. Adopter must be at least 27;
2. Adopter could be an alien or
Filipino;
3. If the adopter is Filipino, he
should be permanently
residing abroad.
4. If the adopter is an alien, he
should not be a resident in the
Philippines.
Q: What is the effect of Adoption?
A: The adoption creates parent and child relationship. It creates paternity and filiation.
Take Note: The effect of adoption retroacts to the time of the filing of the petition. On the other hand, adoption severs all
relationship between the adopted child and his/her natural or biological parents. For purposes of liability, what is material
is: At the time the liability is incurred by the child, the one who has actual custody and has parental authority over the child
is the one responsible.
This is illustrated in the case of Tamago vs. CA. In the latter case, a child was undergoing the process of adoption. While
the petition for adoption was pending, the child shot and killed somebody. In the meantime, the adoption was eventually
granted. The issue in the case was WON the adopting parents may be held liable for the death caused by the adopted child.
This issue came about because the basic rule in adoption is that adoption retroacts to the time of the filing of the petition,
and therefore the adopting parents are deemed to have been the parent at the time the petition was filed. SC ruled that
while it is true that adoption retroacts to the filing of the petition, for purposes of liability, the one who should be
responsible for the damage caused by the adopted child should be the one who ACTUALLY had custody and exercised
parental authority at the time the child caused such damage.
Take Note: The effect of adoption is limited only between the adopter and the adopted child. It does not go beyond their
relationship, so that while the adopted is deemed to be a child of the adopter, the adopted cannot be considered as the
grandchild of the adopters parents and vice versa.

That is why for purposes of succession, only the adopter and the adopted are heirs to each other. When the adopter
dies, the adopted inherits and vice-versa. That is also why the adopter and the adopted do not have the right of
representation.

Q: What is this right of representation?

Who may be adopted?
Where to file the petition?
1. Adoptee if a child, must be
below 18;
2. Adoptee could be of age;
3. Adoptee could be a Filipino or
alien;
1. At the Family Court in the
place where the Adopter
resides;
2. Can only be filed in the court;
1. Adoptee must be below 15;
2. Adoptee should not be of age;
3. Adoptee should be Filipino;
1. At the Family Court in the
place of the Adoptee;
2. May be filed in the Family
Court or directly with the
Adoption Agency abroad
where the Adopter resides;
A: Under the law on succession, suppose we have the lolo, son and the apo. Ordinarily, when the lolo dies, the son
inherits. If the son dies, the apo inherits from his/her own father/mother. The son is supposed to inherit from the lolo
if the lolo dies, but in a situation where the son dies ahead of the lolo, as between the lolo and the apo, there is no
succession because the supposed heir dies ahead of the decedent. By the right of representation, the apo represents
the son and therefore inherits from the lolo what the son would have inherited from him had the son been alive.
This does not apply if the relationship between the son and the apo is created by virtue of adoption. So if the son dies
ahead of the lolo, the apo cannot receive the supposed legitime of the son by the right of representation.
Q: What about the relationship between the adopted child and his natural parents?
A: Adoption severs the relationship between the adopted and his natural parents and therefore, parental authority
ceases on the part of the natural parents and ceases to be heirs of each other. So if the adopted child dies, the natural
parents cannot inherit from the adopted child, except when the adopted child executes a will in favor of his/her
natural parents.
When a decree of adoption is issued and the child is already adopted, he is deemed to be a legitimate child and is
deemed to have the same rights and privileges as a legitimate child including the right to use the surname of the
adopter but excluding the aforementioned right of representation.
 Take Note: In the case of In Re: In the matter of the adoption of Stephanie Nathy Astorga Garcia, Honorato
Catindig, petitioner, GR No.1483311, 31 March 2005 where the adopted child is allowed to use the surname of the
natural mother as her middle name.
The adopted child is entitled to inherit from the adopter in the same extent as the natural legitimate child.
SUPPORT
Support comprises everything for sustenance, dwelling, clothing, medical expenses, education, and transportation.
These are the basic necessities.
Take Note: This is subjective. Support is always in keeping with the resources of the family. There is no fixed standard
of how much, it depends on the resources of the giver and the need of the demander.
Support is legally demandable.
Q: Who are the persons obliged to support each other?
A: Art. 195. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent
set forth in the preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;
(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and
(5) Legitimate brothers and sisters, whether of full or half-blood (291a)
Take Note: Based on the enumeration, when the relationship between the parent and the child is illegitimate, support
ends with the apo and not beyond.
Q: What is the rule in instances where the obligation to support falls on two or more persons obliged to give support?
A: The law provides for an order of priority. When the obligation falls upon two or more persons, the first priority is the
spouse. It is only when the spouse is unable or incapacitated when you may go to the next line, and so on and so forth as
illustrated in Art. 195 of the FCP. If there are two or more descendants, you go to the nearest. In default, incapacity or
refusal, you go now to your ascendants, if there are two or more, the nearest, and onwards.
Suppose there are two or more persons under the same line (i.e. two or more children supporting two parents) obliged to
give support, the rule is the liability should be shared by them in proportion to the respective resources. The children are
obliged to give support in proportion to their respective net worth but the court in its discretion may order one of them to
give the full support subject for reimbursement from the others to the extent of their share.
Q: What is the rule if 1 person is called upon to give support to two or more persons entitled to give support from him (i.e.
the head of the family supporting many children) and the resources are insufficient to cover them?
A: The law provides for an order of priority as illustrated earlier. But in case of the spouse and the minor child concur, and
the resources are not sufficient, the child is preferred over the spouse.
Q: What happens if a stranger, without the knowledge of the person obliged to give support, gives support to the one
entitled to receive?
A: The rule is the stranger has the right to ask reimbursement from the person obliged to give support unless that stranger
did not intend to be reimbursed.
Q: What about if the person obliged to give support unjustifiably refuses to give support but there is urgent need on part
of the person entitled to give support?
A: A stranger may give support, but that stranger is entitled to reimbursement from the person who refuses.
Take Note: Support is demandable the moment the need arises. So with respect to a child, support is demandable even if
the child is still inside the maternal womb, more so if already born. The need is deemed to arise the moment the child is
conceived. But the law is categorical that while support is demandable the moment the need arises, payment shall only be
done as of the time demand is made, whether judicially or extrajudicially, otherwise, he may not be compelled to give it.
The person obliged to give support may not be compelled to pay for the expenses accruing before the demand was made.
So if the child was born today, 3 years thereafter, the father refused to give support but no demand was made either, it
was only on the 4th year where the demand was made, the father may not be compelled to give support accruing from
today until 3 years thereafter because during this period, while the need for support arose but demandable, no demand
was made whether judicially or extrajudicially. For evidential purposes, there has to be a formal written demand.
Once the demand is made, obligation accrues. So from the time the demand was made up to the time payment was actually
made, the person obliged to give support is liable to pay for the support in those years. So if on the fourth year, demand
was made, but it was only in the tenth year when payment was actually made, the person obliged to give support is liable
for support from the time demand was made up to the time payment was made. But never support accruing before demand
was made.
Unjustifiable refusal to give support could send somebody to jail for contempt, or worse, it is a criminal offense, under the
VAWC law.
PARENTAL AUTHORITY
Parental Authority covers parental authority over the person, as well as over the property of the person under parental
authority.
Take Note: Parental authority covers custody. Custody emanates from parental authority. One that has parental
authority has the custody of the child.
Art. 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)
Art. 211 does not distinguish whether the child is legitimate or illegitimate. However, we need to distinguish Art. 211
from Art. 176.
Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, xxxx
Q: How do you reconcile Art. 176 and Art. 211?
A: According to Sta. Maria, the way to reconcile the two provisions is that 211 applies when the paternity of the child
is certain, meaning there is no dispute that the child is the child of the husband and the father-husband is living
together with the wife-mother and the illegitimate child. On the other hand, 176 applies when (1) the paternity of
the child is disputed; and (2) even if it is not disputed, the husband-father is not living together with the wife-mother
and the child.
But if the child is legitimate, ALWAYS apply 211.

Q: What happens if the husband and the wife separates?
A: All through often, when marital conflict arises, issue on custody also arises. The rule is: The custody of the children
shall be awarded to the spouse designated by the court. In legal separation, nullity or annulment, if the spouses have
children, the decision is always coupled with adjudication as to whom the custody is awarded. In determining who
should be awarded, the court must take into consideration the choice of the children who are 7 years old and above.
In real practice, the court would even ask the child in open court to pick their choice, unless the parent chosen is unfit.
Children below 7 cannot be separated from the mother, unless the court finds compelling reasons. The bottom-line
is the court should determine is the childs best interest would be served with the parent to whom custody is awarded.
Q: What happens if a minor child causes damage or injury to another? Who should shoulder the liability?
A: The parents are primarily liable for the damage caused by the acts or omissions of children in their custody. This is
the so called vicarious liability.
Q: What is the rule if the parents die or are absent, or incapacitated?
A: In case of default of parents, the law accords with substitute parental authority. These persons are (1) surviving
grandparents; (2) brothers and sisters of age unless unfit or disqualified; (3) any person having actual custody of the
child, of age and unless unfit or disqualified. Even a stranger is given parental authority by law and therefore, it comes
with it the obligation to support. This is an instance where support is demandable from a stranger. This is an example
of the principle that support emanates from parental authority. One who exercises substitute parental authority
assumes all the responsibilities and exercises all the rights of the parents of the child.
So in case the child causes damage or injury, by his acts or omissions, the person exercising substitute parental
authority is liable as the childs parents.
Q: What happens if a minor child causes damage or injury to another while under the custody, supervision or
instruction of the school or any entity engaged in child care?
A: Art. 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)
Insofar as schools are concerned, these special parental authorities aforementioned are the school administrators and
teachers.
When a minor child causes damage or injury while under the supervision, instruction, or custody of the school, the school
or entity is primarily liable for the damage caused. Primarily liable meaning the liability is devolved upon them exclusively
and may not be transferred because the said liability is expressed by law. The liability of the parents or the persons
exercising substitute parental authority is only subsidiary, meaning, they can be compelled to pay only if the school or
entity are unable to pay or insolvent. Take note, the parents or the persons subsidiary liable may only be compelled to pay
only if the school or entity is insolvent. Mere refusal to pay is not enough to hold the parents or the persons exercising
substitute parental authority subsidiarily liable.
Waivers are actually against public policy. These are inadmissible in court. Although some waivers are crafted in such a way
that it may be acceptable (i.e. the school may not be liable for any injury or loss caused by events caused beyond their
control.) but NEVER an absolute waiver.
Q: When is the child deemed under the custody of the school or entity engaged in child care?
A: The minor child is deemed under the custody, instruction or supervision when the latter is (1) inside the premises of the
school in pursuance of a legitimate student objective; or (2) in the exercise of a legitimate student right; or (3) in the
enjoyment of a legitimate student privilege. These circumstances presuppose that the child must be a legitimate student.
Distinguish Art. 218 of the FCP from Art. 2180 in relation to Art. 2181 of the Civil Code.
Art. 2180. The obligation imposed by Article 2176 is demandable not only for one's own acts or omissions, but also for those of persons for
whom one is responsible.
The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their
company.
Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company.
The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service
of the branches in which the latter are employed or on the occasion of their functions.
Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks,
even though the former are not engaged in any business or industry.
The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to
whom the task done properly pertains, in which case what is provided in Article 2176 shall be applicable.
Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices,
so long as they remain in their custody.
The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a
good father of a family to prevent damage. (1903a)
Art. 2181. Whoever pays for the damage caused by his dependents or employees may recover from the latter what he has paid or delivered
in satisfaction of the claim. (1904)
Under the NCC, if the school is held liable for the damages caused by the child, and the school paid the said damages, the
school has the right to be reimbursed from the one who caused the damage, in that case the parents of the child. This is
no longer true under the FCP, that liability is primary on the part of the school or entity, although insofar as the latter are
concerned, their liability is solidary.
According to Sta. Maria, to reconcile 218 with 2180, he said that 2180 applies to a situation where the student is no longer
a minor. 218 specifically applies to a situation where the student is still a minor below 18.
USE OF SURNAMES
In the Philippines, every person is allowed to use the first name and the surname. In fact, the middle name is not
required. The first name is used to identify an individual and distinguish him from the rest. The surname is to indicate
the particular family to which that individual belongs.
Q: What is the rule on surnames insofar as married women are concerned?
A: The rule insofar as married women are concerned is only directory. Its not compulsory. There is no law that
compels married women to use the surname of their husband. There are 3 ways where a married woman may use
her name: (1) she may choose her usual full maiden name; (2) she may choose her full maiden name and add the
family name of her husband; or (3) she may choose to use her first name and the surname of her husband; or (4) use
the full name of her husband but indicate a prefix that she is the wife of such (i.e. Mrs. Lawrence Flores).
Q: What if they are separated, annulled or nullified?
A: If she was the guilty party, she should restore her full maiden name, otherwise, she may choose to use the family
name of her former husband. In case of the death of the husband, the widow may continue to use the surname of
 her deceased husband. In case of separation, and the married woman is not the guilty party, she may choose to Take Note: Before, illegitimate children were not allowed to use the surname of their natural father. But with the
continue the surname of her husband except when there is a court order or when both of them remarries. enactment of the so-called, Revilla Law, illegitimate children are now allowed to use the surname of their natural father
when their illegitimate filiation are recognized by their father through records in the LCR or admissions made in some public
Q: What is the rule on change of first name or surname? written document or private handwritten document.
A: Before, no change in the entry in the Local Civil Registrar can be made without judicial order. This is no longer true
today because there is a special law which authorizes the LCR to correct clerical or typographical error or to change
first name or nick name without prior judicial order.

Q: What are the entries covered under the new law, the so-called Gunigundo Law?
A: The changes may be done administratively by the LCR. (1) Correction of clerical or typographical errors; and (2)
change of first names and nick names.

Q: What are clerical or typographical errors?

A: A clerical or typographical error refers to a mistake committed in the performance of clerical work in the writing,
copying, transcribing, or typing of an entry in the LCR which are harmless and innocuous (i.e. misspelled name,
misspelled place of birth, and the like, which is visible to the eye or obvious to the understanding and can be changed
or corrected by reference to other existing records, provided that no change must be made if it involves nationality,
status, age, and sex). If the intended change involves nationality, status, age, and sex, court order is required. The
rule applicable is the Rules of Court on correction of entries.

Q: Does these clerical or typographical errors cover changes involving the surname?
A: According to Atty. Torregosa, Yes it covers the surname because the law explicitly said name, no distinction, and
the change insofar as typographical surname errors are concerned are harmless and innocuous, visible to the eyes
and obvious to the understanding and can be corrected by reference to other existing records (i.e. Birth records of
the parents and brothers or sisters). Unfortunately, after a number of attempts, Atty. Randi has failed to convince
any LCR. They have this fixated notion that when it comes to surname, no amount of change or correction can be
done without a court order. In real practice, if it involves a change in surname, you have to go to court.

Take Note: While this new law allows change in first name, whether typographical or just a change in such, that this
can only be done if there are grounds present and the rule specifies the grounds thereof:

1. If the petitioner finds the first name or nick name ridiculous or tainted with dishonor or extremely difficult to
write or pronounce;
2. If the new name or nick name has been habitually and consistently used by the petitioner and the latter is
publicly known in the community to be bearing that first name or nick name;
3. If the change is intended to avoid confusion.

These are the only grounds where the change in first name or nick name may be made.

Take Note: The case of Silverio vs. Republic where a person involved sex reassignment procedure filed a petition to change
his name from Rommel to mely on the ground that she has already obtained a change of gender through surgery. SC
dismissed the petition holding that in our jurisdiction, sex reassignment is not a valid mode of changing ones gender.

Distinguish this from the case of Republic vs. Cagandahan where someone who was endowed naturally with the best of
both worlds, male and female genitals, was allowed by the SC which gender. The SC allowed him to change his name from
Jennifer to Jeff.