Beruflich Dokumente
Kultur Dokumente
e. Proof of Filiation
i. Of legitimate children
1. FC 172 The filiation of legitimate children is est by any of the ff
a. Record of birth in civil reg or a final judgment
b. Admission of legitimate filiation in a public document or a
private handwritten instrument and signed by parent concerned
c. In absence of the foregoing evid:
i. Open and continuous possession o status of a legitimate
child
ii. Any other means allowed by the ROC and special laws
2. FC 173 – The action to claim legitimacy may be brought by the child
during his or her lifetime and shall be transmitted to the heirs should
the child die during minority or in a state of insanity.
a. In these cases, the heirs shall have a period of 5 years within
which to institute the action
3. RECORD OF BIRTH
4. FINAL JUDGMENT DECLARING FILIATION
5. SIGNED AND HANDWRITTEN PRIVATE INSTRUMENT
6. OPEN AND CONTINUOUS POSESSION OF STATUS
ii. Illegitimate Children
1. Art 175 Illegit children may est their illegitimate filiation in same way
and on the same evid as legit children
a. Action must be brought within the same period specified in Art
173 except when the action is based on second paragraph of
Art 172 in which case the action may be brought during lifetime
of alleged parent
iii. Compulsory recognition
1. RPC 345 – Civil liab of persons guilty of crimes against chastity
a. To acknowledge offspring unless law should prevent him from
so doing
2. RPC 46 – Penalty to be imposed upon principals in general –
3. RPC 59 = Penalty imposed in case of failure to commit crime because
means employed or aims sough impossible
iv. Legitimated Children
1. Who may be legitimated
a. FC 177 – Only children conceived and born outside of wedlock
of parents who, at the time of the conception of the former,
were not disqualified by any impediment to marry each other
may be legitimated
2. How legitimating takes place
a. FC 178 – Legitimation shall take place by subsequent valid
marriage between parents. Annulment of a voidable marriage
shall not affect the legitimation
b. FC 180 The effects of legitimation shall retroact to child’s birth
3. Retroactivity and effect
a. FC 180
b. FC 181 – The legitimation of children who died before celeb of
marriage shal benefit descendants.
4. Action to impugn
a. FC 162 – provisions in this chapter shall govern existing family
residences insofar as said provisions are applicable
5. Rights of legitimated
a. FC 179 –same as legitimate
V. ADOPTION
a. Who may adopt
i. Age and capacity required
1. FC 183 – A person of age and in possession of full civil capacity and legal
rights may adopt provided he is in a position to support and care for his
children, legitimate or illegitimate in keeping with the means of the
family
a. Only minors may be adopted except in cases when adoption of
person of majority age is allowed in this title
b. In addition the adopted must be at least sixteen years older
than the person to be adopted, or is the sps of the legimiate
parent of the person to be adopted.
ii. Husband and wife jointly
1. FC 185 – Husband and wife must jointly adopt, except in the ff cases:
a. When one sps seeks to adopt his own illegitimate child
b. When one sps seeks to adopt the legitimate child of the other
2. FC 186 – In case H and W jointly adopt or one sps adopts the legitimate
child of the other, joint parental authority shall be exercised by the sps
in acc with this code
iii. Need for consent
1. FC 188 – The written consent of the ff:
a. Person to be adopted if ten years of age or over
b. Parents by nature of child, the legal guardian or the proper gov
instrumentality
c. Kegitinate and adopted cjildren ten eyears of age or over of the
adopting parents or parents
d. The illegitimate children ten years of age or over of the adopting
parent if living with said parent and latter’s sps
e. The sps if any of the person adopting or to be adopted
iv. Aliens as adopters
b. Who may not adopt
i. FC 184 – ff may not adopt
1. The guardian with respect to the ward prior to the approval of the final
accounts rendered upon the termination of their guardianship relation
2. Any person who has been convicted of a crime involving moral
turpitude
3. An alien except
a. A former Filipino Citizen who seeks to adopt a relative by
consanguinity
b. One who seeks to adopt the legitimate child of his or her
Filipino spouse
c. One who is married to a Filipino citizen and seeks to adopt
jointly with his or her spouse a relative by consanguinity of the
latter.
d. Aliens not included in the foregoing exceptions may adopt
Filipino Children in acc with rules on inter-country adoptons as
may be provided by law
4. Who may be adopted
a. FC 183 – a person of age and in possession of full ckvkl capacity
and legal rights may adopt provided he is in position to support
and care for his children legit or illegit in keeping with means of
the family
i. Only minors may be adopted except in cases when the
adoption of a person of majority age is allowed in this
title
ii. In addition, the adopter must be at least sixteen years
older than the person to be adopted unless the adopter
is the parent by nature of the adopted or is the sps of
the legitimate parent of the person to be adopted
b. FC 185 – Husband and wife must jointly adopt except:
i. When one sps seeks to adopt his own illegitimate child
ii. When one spouse seeks to adopt the legitimate child of
the other.
5. Who may not be adopted
a. FC 187 – the ff may not be adopted
i. Person of legal age unless he or she is a child by nature
of the adopter or his or her spouse or prior to the
adoption said person has been consistently considered
and treated by the adopter as his or her own child
during minority
ii. An alien with whose government the RP has no
diplomatic relations
iii. A person who has already been adopted unless such
adoption has been previously revoked or rescinded
6. Effect of Adoption
a. Status
i. FC 189(1) – Adoption shall have the ff effects – for civil
purposes, the adopted shall be deemed to be a
legitimate child of the adopters and both shall acquire
the reciprocal rights and obligations arising
fromrelationship of parent and child including the right
of the adopted to use the surname of the adopters
b. Paternal authority
i. FC 189(2) – The parental authority of the parents by
nature over the adopted shall terminate and be vested
in the adopters, except that if the adopter is the spouse
of the parent by nature of the adopted, parental
authority over the adopted shall be exercised jointly by
both spouses
ii. FC 186 – in case husband and wife jointly adopt or one
spouse adopts the legitimate child of the other, joint
parental authority shall be exercised by the spouses in
accordance with this code.
c. Succession
i. FC 189 (3) – Adoption shall have the ff – the adopted
shall remain an intestate heir of his parents and other
blood relatives.
7. Effect on testate succession
a. FC 190 – Legalor intestate succession shall be governed by ff
rules
i. Legit and illegit children and descendatns and SS of
adopted shall inheir acc with ordinary rules of legal or
intestate succ
ii. When the parents, legit or illegit ir the legit ascendants
of the adoptd concur with the adopter, they shall divide
the entire estate one half by parents or asc, other by
adopters
iii. When SS or IIC of adopted concur with the adopters, thy
shall divide entire estate In equal shares, ½ ti be
inherited by the sps or IC of the adopted, other by
adopters
iv. When adopters concur with IC and SS, of adopted, they
shall divide entire estate in equal shares, one third by
the IC, one third by SS, one third by adopters
v. When only adopters survive, they shall inherit entire
vi. When on collateral blood relatives of adopted survive
then ordinary rules of intestate apply
8. Rescission of adoption
a. By adopted
i. FC 191 – If adopt is a minor or incapacitated, the
adoption may be judiciailly rescinded upon petition of
any person authorized by the court or proper
government instrumental acting on his behalf on the
same ground prescribed for loss or suspension of
parental authority,
1. If adopted is at least 18 YO he may petition for
judicial rescission of adoption on same grounds
prescribed for disinheriting an ascendant.
b. By adopters
i. FC 192 – The adopters may petition the court for
judicial rescission of adoption in ff
1. If the adopted has committed any act
constituting ground for disinheriting a desc
2. When the adopted has abandoned the home of
the adopters during minority for at least one
year or by some other acts has definitely
repudiated the adoption
c. Affect of rescission
i. FC 193 – If adopted minor not yet majority at judicial
rescsission, the court shall reinstate parental auth of
parents by nature unless disqualified or incapacitated in
which case, court will appoint a guardian over the
person and prop of minor
1. If adopted person is phys or mentally
handicapped the court shall appoint in same
proceeding a guardian over person or prop or
both
2. Judicial resc of adoption shall ext all reciprocal
rights and obli bet adopters and adopted , also
lose rights to use surname
VI. Support
a. What comprises support
i. FC 194 – Support comprises everything indispensable for sustenance, dwelling,
clothing, medical attendance, education, and transportation, in keeping with
the financial capacity of the family
1. The education of person entitled to be supported referred to in the
preceding paragraph shall include his schooling or training for some
profession, trade, or vocation even beyond age of majority
2. Transpo inc expenses going to and from school or to from place of work
b. Who are obliged to provide support
c. Source of Support
i. FC 105 Subject to the provisions of succeeding the ff are obliged to give support
to whole extent set forth in preceding:
1. Spouses
2. Leg asc and desc
3. Parents and their legit children and the legit and illegit children of latter
4. Parents and their illegit children and the legit and illegit children of
latter
5. Legit brothers and sisters whether full or half blood
ii. FC 196 – brothers and sisters not legitimately related wether full or half are
likewise bond to support to full extent except only when the need for support of
bro or sis of age is d/t cause imputable to the claimant’s fault or negli
iii. FC 197 – In case of legit asc desc whether legit or illegit and brothers and sisters
whether legit or illegit related, only the separate property of the person obliged
to give support shall be answerable provided that in case obligor has no ep
prop, the acp or cpg if financially capable shall advance support which shall be
deducted from the share of the spouse obliged upon the liquidation of the
absolute community or conjugal partnership
iv. FC 40 – absolute nullity may be invoked for purposes of remarriage on basis
solely of final judgment declaring such previous marriage void
v. FC 70 – sps jointly responsible for support …
vi. FC 94 – The ACP shall be liable for…
vii. FC 122 the payment of personal debt scontracted by the husband or wife before
r during marriage shall not be charge to CPP except insofar as redounded
benefit of family.
1. However the payment of personal debts contracted by either before
marriage that of fines and indemnities imposed upon them, as well as
the support of illegit children of either sps may be enforced against
partnership assets after responsibilities enumberated in preceding art
have been covered. If sps bound has no exclusive prop or insuf, such sps
shall be charged for what has been paid
d. Order and Support
e. Manner and time of payment
i. FC 200 – When obli to give support falls upon 2 or more persons, the payment
of same divided bet them in prop of resources of each
1. In case urgent need and by special circ, the judge may order only one of
them to furnish the support provisionally pwithout prejudice to right to
claim from other obligors
2. When two or more recipients at same time claim support, should latter
not have suff means, the order established in preceding article shall be
followed unless the concurrent obliges should e the sps and child
subject to parental auth in which case the child preferred
ii. FC 201 – The amount of support in cases referred to in art 195 and 196 shall be
proportion to the resources or means of the givenr and to the necessities of the
recipient
iii. FC 202 – Support in cases referred to in preeding art shall be reduced or
increased proportionally acc to the reduction or increase of necessities of the
recipient and the resources or means of the person obliged to furnish the same
iv. FC 203 – The obli to give support shall be demandable from time the person
who has right to receive the same needs it for maintenance, but it shall not be
paid except from date of jud or EJ demand.
1. Support pendente lite may be claimed in acc with ROC
2. Payment shall be made within the first FIVE days of each corresponding
month or when the recipient dies, his heirs shall not be obliged to
return what he has received in advance
v. FC 204 – person obliged to give support shall have the option to fulfill the obli
either by paying the allowance fixed or by receiving and maintaining in the
family dwelling the person who has a right to receive support
1. The latter alternative cannot be availed in case of moral or legal
obstacle.
f. Amount of support
i. FC 200 supra
ii. FC 201 supra
iii. FC 202 –Supra
iv. FC 203 –suppra
v. FC 204 suppra
vi. FC 205 – right ro receive support under this title as well as any money or prop
obtained shall not be levied upon attachment or exec
vii. FC 206 –When iwhtout knowledge of person obliged to give support it is given
by stranger, the latter shall have right to claim the same from former unless
appears intention without
viii. FC 207 – When person obliged to give support to needy individual with right of
reimbursement from the person obliged to give support may support with right
of reimbursement from person obliged to give support.
1. Article apply when mother or father unjustly refuses or fails to give
support when urgently needed
ix. FC 208 – In case of contractual support or that by will, the excess in amount
required for legal support may be subject to levy on attachmenr or exec
1. It may be subject to adjustment when odification is necessary due to
changes in circ
g. Support pendente Lite
i. FC 188 – Written consent of the ff to adoption shall be necessary supra
VII. Parental auth onwards sa book na lang