PERSONS AND

FAMILY
RELATIONS
Finals Reviewer
FAMILY, SUPPORT, PARENTAL AUTHORITY,
EMANCIPATION AND AGE OF MAJORITY

Professor: Contributors:
Atty. Dinnah Mae A. Alconera Abjuhary Amer Stephanny S. Cellacay
Jeacoh P. Durban Martsu Ressan P. Ladia
Sheerah U. Albuladora Babes Aubrey D. Aquino
Thea P. Porras Donna Jane Simeon
© 1 - Al-farabi 2017 Patrick Louie Santos John Colbe P. Sepulchre

THE FAMILY
Chapter 1 - Family as an Institution
Article 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 customs, practice or
agreement destructive of the family shall recognized
or given effect.
DESTRUCTIVE AGREEMENTS:
• An agreement that the husband can have a
concubine or the wife can enter into
adulterous relationship is void while the
marriage is subsisting.
• [w]here the parties stipulated that “in
consideration for a peaceful and amicable
termination of relations between the
undersigned and her lawful husband,” the
parties agreed to give some properties to the
wife and a monthly support for the children
and for the wife to agree to a judicial
separation of property plus the amendment of
the divorce proceedings initiated by the wife
in the United States to conform to the
agreement, the Supreme Court sustained the
lower court’s ruling the agreement is contrary
to law and Filipino morals and public policy
because the consideration of the agreement
was the termination of the marriage by the
parties which they cannot do on their own and
without legal basis (De Leon v. Court of
Appeals, 186 SCRA 345).
NOTE: Even if not all forms of extra-marital relations
are punishable under penal law, the sanctity of
marriage is constitutionally recognized and likewise
affirmed by our statutes as a special contract of
permanent union. Accordingly, the court had little
qualms with penalizing judicial employees for their
dalliances with married persons or for their own
betrayals of the marital vow of fidelity (Concerned
Employee vs. Mayor, A.M. No. P-02-1564, November
23, 2004).
Article 150. The family relations include those:
1. Between husband and wife;
2. Between parents and children;
3. Among other ascendants and descendants; and
4. Among brothers and sisters, whether of full or
half-blood.
PERSONS AND FAMILY RELATIONS
•
Art. 150 must be read in tandem with Art. 151
such that the enumeration of “family
relations” is exclusive to those mentioned in
the former section.
• A sister-in-law or a brother-in-law is not
covered by these two provisions. Being an
exception to the general rule, Art. 151 must be
strictly construed (Gayon vs. Gayon, G.R. No.
L-28394, November 26, 1970).
• A sister-in-law or a brother-in-law is a stranger
which not fall on the phrase “members of the
family.”
Article 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 that the
same have failed. If it is shown that no such efforts
were in fact made, the case must be dismissed.
This rule shall not apply to cases which may not be the
subject of compromise under the Civil Code.
1st paragraph: Pertains to the requisites before a suit
between members of the same family members of the
same family may prosper.
2nd paragraph: Pertains to the non-application of Art.
151.
GR: Before a suit can be filed by a person against
another belonging to the same family as provided for
under Article 150, earnest effort must first be made to
settle the case amicable. Otherwise, the suit is
dismissible.
EXPNs:
1. A stranger not of the same family (i.e. sister-in-law
or brother-in-law).
-[H]owever, a suit filed by a woman against her sister
and the latter’s husband will not involve earnest efforts
to compromise considering the inclusion of the
husband who is not within the “family relations”
provided by law (Hontiveros vs. RTC, G.R. No. 125465,
June 29, 1999).
2. Cases which may not be compromised under Art.
20135 of the Civil Code:
Art. 2035. No compromise upon the following questions
shall be valid:
a) The civil status of persons;
b) The validity of marriage or legal separation;
c) Any ground for legal separation;
d) Future support;
e) The jurisdiction of courts;
f) Future legitime.
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3. Special proceedings like a petition for the
settlement of the estate guardianship and custody of
children, and habeas corpus.
• The term “SUIT” provided by law clearly
implies only CIVIL ACTION.
Q: In a complaint filed by Manolo against his
brother, Rodolfo, it was alleged that the case “xxx
passed through the Barangay and no settlement
was forged between the plaintiffs and the
defendant as a result of which Certification to File
action was issued xxx”. Rodolfo moved to dismiss
for failure to comply with a condition precedent—
that earnest efforts of an amicable settlement
among the parties had been exerted but that
none was reached.
A: The case will prosper. There was in fact
substantial compliance with Art. 151 of the Family
Code since the spouses alleged in the complaint for
ejectment that the case “xxx passed through the
Barangay and no settlement was forged between
the Plaintiffs and defendant as a result of which
Certification to File Action was issued by Barangay
97, Zone 8, District I, Tondo, Manila xxx”. It bears
stressing that under Sec. 412 (a) of R.A 7160, no
complaint involving any matter within the
authority of the Lupon shall be instituted or filed
directly in court for adjudication unless there has
been a confrontation between the parties and no
settlement was reached.
MARTINEZ VS. MARTINEZ
G.R. NO. 162084, JUNE 28, 2005
Facts: Spouses Daniel Sr. And Natividad Martinez
owned a parcel of land and was bequeathed to each of
his sons (Manolo-administrator, Rodolfo and Daniel Jr.)
through a last will and testament prior to the spouses’
death. Rodolfo then discovered that the properties was
sold to Manolo and his wife Lucila by his father thus,
filed annulment of deed of sale and criminal complaint
against the spouses. The spouses demanded Rodolfo to
vacate the property but was ignored by the latter. The
spouses to file an action of unlawful detainer against
the respondent before the MTC of Manila. RTC
affirmed the decision whilst CA reverse the decision.
Thus, this petition.
Issue: Whether or not the action will prosper.
Held: Yes, the action will prosper.
In this case, the provision of Art. 151 of the Family Code
that mandates the petitioners to comply with the
requirements thereof shall not apply. Firstly, petitioner
PERSONS AND FAMILY RELATIONS
Lucila Martinez, the respondent's sister-in-law, was
one of the plaintiffs in the MTC, hence, is not a member
of the same family as that of her deceased husband
and the respondent. Secondly, even the provision
applies, the petitioners were able to comply with the
requirements of Art. 151 because they alleged in their
complaint that they had initiated a proceeding against
the respondent in compliance with P.D No. 1508; that
no amicable settlement was arrived at, resulting in the
Barangay Chairman to issue a certificate to file action.
Thus, sufficient compliance with Art. 151 of the Family
Code.
CHAPTER 2 - The Family Home
Article 152. The family home, constituted jointly by
the husband and wife or by an unmarried head of a
family, is the dwelling house where they and their
family resides, and the land on which it is situated.
Article 153. The family home is deemed constituted on
a house and lot from the time it is occupied as a family
residence. Form the time of its constitution and so
long as any of its beneficiaries actually resides
therein, the family home continues to be such and is
exempt from execution, forced sale or attachment
except as hereinafter provided and to the extent of
the value allowed by law.
• The requirement of house and land as
constitutive of a family home stresses the
element of “Permanence” (a boat on water
cannot be constituted a family home).
• One cannot claim that he or she has occupied
the premises at the time his or her overseer,
maid, houseboy or driver has lived in the said
place because occupancy by the one claiming
the house as a family home must be actual and
not constructive.
• If the owners, husband and wife, head of the
family or the beneficiaries actually reside in the
premises, it can be a family home.
• A family home cannot be constituted by the
wife or husband ALONE. However, an
UNMARRIED HEAD of the family can
constitute by himself or herself alone.
• A family home is not affected by the type of
property regime of the spouses or by the fact
that the marriage has been nullified.
• Claim for exemption to be filed:
-at the time of levy; or
-within a reasonable period thereafter (a
period of 4 years is not reasonable).
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GR:
-All residential houses used as family home
before the effectivity of the Family Code is
deemed constituted by operation of law.
-Exempted from execution.
XPN:
-Art. 153 cannot be given RETROACTIVE effect
to shield the homes of debtors from execution
of judgment arising from debts which became
due and demandable prior to August 3, 1988.
-Article 155 and Article 160 in relation to
Article 157.
Article 154. The beneficiaries of a family home are
1. The husband and wife, or an unmarried
person who is the head of the family; and
2. Their parents, ascendants, descendants,
brothers and sisters, whether the relationship
be legitimate or illegitimate, who are living in
the family home and who depend upon the
head of the family for legal support.
DESCENDANTS:
-includes grandchildren and great grandchildren of
the spouses who constitute a family home.
LEGAL SUPPORT
Characteristics:
1. It is personal
2. It is intransmissible
3. It cannot be renounced
4. It cannot be compromised
5. It is free from attachment or execution
6. It is reciprocal
7. It is variable in amount
Article 155. The family home shall be exempt from
execution, forced sale or attachment except:
1. For non-payment of taxes;
2. For debts incurred prior to the constitution of
the family home;
3. For debts secured by mortgages on the
premises before or after such constitution;
and
4. For debts due to laborers, mechanics,
architects, builders, materialmen and others
who have rendered service or furnished
material for the construction of the building.
RULES ON CONSTITUTION OF FAMILY HOMES FOR THE
PURPOSES OF EXEMPTION FROM EXECUTION
1. Family residences constructed before the
effectivity of the Family Code must be constituted
PERSONS AND FAMILY RELATIONS
as a family home either judicially or extrajudicially
in accordance with the provisions of the Civil Code
in order to be exempt from execution.
2. Family residences constructed after the
effectivity of the Family Code are automatically
deemed to be family homes and thus exempt from
execution from the time it was constituted and
lasts as long as any of its beneficiaries actually
resides therein.
3. Family residences which were not judicially or
extrajudicially constituted as family home prior to
the effectivity of the Family Code, but were existing
thereafter, are considered as family homes by
operation of law and are prospectively entitled to
the benefits accorded to a family home under the
Family Code
Article 156. The family home must be part of the
properties of the absolute community or the
conjugal partnership, or the exclusive properties
of either spouse with the latter’s consent. It may
also be constituted by an unmarried head of a
family on his or her own property.
Nevertheless, property that is the subject of a
conditional sale on installments where ownership
is reserved be the vendor only to guarantee
payment of the purchase price may be constituted
as a family home. (227a, 228a)
• The family home must be constituted at a
place where there is a fixed and
permanent connection with the persons
constituting it.
• An apartment or a house being merely
rented cannot be constituted a family
home.
• A house erected by a person on the
property of another is not a family home
(Taneo v. Court of Appeals, 304 SCRA
308).
• Property subject of a conditional sale on
installment where ownership is reserved
by the vendor only to guarantee payment
of the purchase price may be constituted
as a family home.
Article 157. The actual value of the family home shall
not exceed, at the time of the constitution, the
amount of three hundred thousand pesos in urban
areas, Two hundred thousand pesos in rural areas, or
such amounts as may hereafter fixed by law.
In any event, if the value of the currency
changes after the adoption of this code, the value
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most favorable for the constitution of a family home
shall be the basis of evaluation.
For purposes of this article, urban areas are
deemed to include chartered cities, and
municipalities, whose annual income at least equals
that legally required for chartered cities. All others are
deemed to be rural areas. (231a)
VALUE OF PROPERTY
To be constituted as family home the property should
not exceed:
a. 300,000 – in urban areas
b. 250,000 – in rural areas
INCREASE IN VALUE OF FAMILY HOME
It must, however, be emphasized that the values
provided in Article 157 refer only to the value at the
time of the constitution made after the effectivity of
the Family Code. Hence, if after the constitution, the
value of the house increased due to improvements or
renovations to an amount more than that fixed by the
law at the time of the constitution, such family home
will remain a family home.
Article 158. The family home may be sold, alienated,
donated, assigned or encumbered by the owner or
owners thereof with the written consent of the person
constituting the same, the latter’s spouse, and a
majority of the beneficiaries of legal age. In case of
conflict, the court shall decide. (235a)
DISPOSITION OF FAMILY HOME.
This is a limitation on the right of disposition of the
owners of a property where a family home is situated.
The law specifically provides that it cannot be sold,
alienated, donated, assigned or encumbered without
the written consent of the following:
1. person constituting the same;
2. the latter’s spouse; and
3. a majority of the beneficiaries of legal age.
Article 159. The family home shall continue despite
the death of one or both spouses or of the unmarried
head of the family for a period of ten years or as long
as there is a minor beneficiary, and the heirs cannot
partition the same unless the court finds compelling
reasons therefor. This rule shall apply regardless of
whoever owns the property or constituted the family
home.
RESTRICTIONS ON THE FAMILY HOME’S PARTITION
1. The heirs cannot extra-judicially partition it for a
period of 10 years from the death of one or both
spouses or of the unmarried head of the family, or for
PERSONS AND FAMILY RELATIONS
a longer period, if there is still a minor beneficiary
residing therein;
2. The heirs cannot judicially partition it during the
aforesaid periods unless the court finds compelling
reasons therefor.
Article 160. When a creditor whose claim was not
among those mentioned in Article 155 obtains a
judgment in his favor, and he has reasonable grounds
to believe that the family home is worth more than
the maximum amount fixed in Article 157, he may
apply to the court which rendered the judgment for an
order directing the sale of the property under
execution. The court shall so order if it finds that the
actual value of the family home exceeds the
maximum allowed in Article 157 and results from
subsequent voluntary improvements introduced by
person or persons constituting the family home, by
the owner or owners of the property, or by any of the
beneficiaries, the same rule or procedure shall apply.
At the execution sale, no bid below the value
allowed for a family home shall be considered. The
proceeds shall be applied first to the mentioned in
Article 157, and then to the liabilities under the
judgment and the costs. The excess, if any, shall be
delivered to the judgment debtor. (247a, 248a)
Article 161. For purposes of availing of the benefits of
a family home as provided for in this Chapter, a
person may constitute, or be a beneficiary of, only one
family home. (n)
DISQUALIFICATION OF A BENEFICIARY
Once a child becomes of age and is capable of
supporting himself or gets married and with his spouse
jointly constitutes their own family home, he ceases to
be a beneficiary of his parents’ family home.
Article 162. The provisions in this Chapter shall also
govern existing family residences insofar as said
provisions are applicable.
SUPPORT
Article 194. Support comprises everything
indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation, in
keeping with the financial capacity of the family.
The education of the 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 majority. Transportation
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shall include expenses in going to and from school, or
to and from place of work.
CHARACTERISTICS OF LEGAL SUPPORT
1. It is personal based on family ties which bind
the obligor and the obligee
2. It is intransmissible
3. It cannot be renounced
4. It cannot be compromised
5. It is free from attachment or execution
6. It is reciprocal
7. It is variable in amount
As to the Amount of Support – The amount of support
which those related by marriage and family
relationship is generally obliged to give each other shall
be in proportion to the resources or means of the giver
and to the needs of the recipient.
As to support in arrears – A person entitled to support
is entitled to support in arrears from the time judicial
or extrajudicial demand is made.
Recipient reaching the age of majority – The right and
duty to support, especially the right to education,
subsists even beyond the age of majority.
Execution pending appeal – A judgment for support
may be executed pending appeal.
Article 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
5. Legitimate brothers and sisters, whether of
the full or half-blood
ADULTERY AS A DEFENSE
A wife who has been convicted of adultery, even if the
conviction is still on appeal, has no right to be
supported pedente lite.
Article 196. Brothers and sisters not legitimately
related, whether of the full or half-blood, are likewise
bound to support each other to the full extent set
forth in Article 194, except only when the need for
PERSONS AND FAMILY RELATIONS
support of the brother or sister, being of age, is due to
a cause imputable to the claimant’s fault or
negligence.
Article 197. For the support of the legitimate
ascendants; descendants, whether legitimate or
illegitimate, and brothers and sisters, whether
legitimately or illegitimately related, only the
separate property of the person obliged to give
support shall be answerable provided that in case the
obligor has no separate property, the absolute
community or conjugal partnership, if financially
capable, shall advance the support, which shall be
deducted from the share of the spouse obliged upon
the liquidation of the absolute community or the
conjugal partnership.
PRIMARY RESPONSIBILITY OF THE SPOUSE
Support for the following persons is the primary
responsibility of the spouse, hence, only his or her
separate property is answerable:
1. His or her legitimate ascendants (parents,
grandparents, etc.)
2. His or her descendants (except children),
whether legitimate or illegitimate
3. His or her brother and sisters, whether
legitimate or illegitimate
Note: In case the spouse concerned has no separate
property, the absolute community or the conjugal
partnership, if financially capable, shall advance the
support, which shall be deducted from the share of the
spouse upon the liquidation of the absolute
community or of the conjugal partnership.
Article 198. During the proceeding for legal
separation or for annulment of marriage, and for
declaration of nullity of marriage, the spouses and
their children shall be supported from the properties
of the absolute community or the conjugal
partnership. After the final judgment granting the
petition, the obligation of mutual support between
the spouses ceases. However, in case of legal
separation, the court may order that the guilty spouse
shall give support to the innocent one, specifying the
terms of such order.
RULES FOR SUPPORT DURING PENDENCY OF ACTION
1. Support for the spouses and the children shall be
charged against the absolute community of conjugal
property of gains.
2. Fruits of the properties shall be answerable first. In
case of insufficiency, the properties themselves have to
be sold.
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3.If the properties are insufficient, the SEPARATE
PROPERTIES of the spouses become answerable.
EFFECT OF ANNULMENT OF MARRIAGE OR
DECLARATION OF NULLITY OF MARRIAGE ON SUPPORT
1. Between Spouses - Upon the grant of petition, the
obligation of mutual support between the spouses
ceases.
2. To children – From the separate properties of the
spouses.
EFFECT OF LEGAL SEPARATION ON SUPPORT
1. Between spouses - The obligation of mutual support
between the spouses likewise ceases but the court may
order for the guilty spouse to give support to the
innocent one, specifying the terms of such order.
2. To children – From the separate properties of the
spouses.
Article 199. Whenever two or more persons are
obliged to give support, the liability shall devolve
upon the following persons in the order herein
provided:
1. The spouse;
2. The descendants in the nearest degree;
3. The ascendants in the nearest degree; and
4. The brothers and sisters.
HIERARCHY OF SUPPORT SOURCE
The law sets the order of the persons upon whom the
liability of giving support devolves. Hence, in the
presence of the spouse, the descendants nearest in
degree are not obliged to give support. In the same
vein, the ascendants nearest in degree shall be obliged
to give support only in the absence of or in case of
failure or refusal to give support by the descendants in
the nearest degree.
Article 200. When the obligation to give support falls
upon two or more persons, the payment of the same
shall be divided between them in proportion to the
resources of each.
However, in case of urgent need and by special
circumstances, the judge may order only one of them
to furnish the support provisionally, without prejudice
to his right to claim from the other obligors the share
due from them.
When two or more recipients at the same time claim
support from one and the same person legally obliged
to give it, should the latter not have sufficient means
to satisfy all claims, the order established in the
preceding article shall be followed, unless the
PERSONS AND FAMILY RELATIONS
concurrent obligees should be the spouse and a child
subject to parental authority, in which case the child
shall be preferred. (295a)
GR - Whenever 2 or more persons are obliged to give
support, payment of the same is proportionally divided
between them.
XPN - In case of urgent necessity and by special
circumstances, the judge may order one of them to
furnish the support.
GR - Whenever 2 or more recipients claim support from
one same person legally obliged, should the latter not
have sufficient means to satisfy all claims, the order
provided by the previous article shall be followed.
XPN - Unless, the concurrent obligees should be the
spouse and a child subject to parental authority, in
which case, the latter shall be given preference.
MANGONON VS. COURT OF APPEALS
G.R. No. 125041, June 30, 2006, 494 SCRA 1
Facts: Ma. Belen and Federico get married and
eventually, got separated. They have twins, Rebecca
and Regina. Due to financial deficiency, a college
degree is hardly a challenge. Ma. Belen went to the
court to ask support for her children from Federico,
and the latter’s father, Francisco, who is known to be
well-off.
Issue: Whether or not Francisco is liable for his
granddaughters’ educational support
Ruling: Yes. In this case, since Ma. Belen is incapable to
support her children from Federico, due to her lack of
sufficient income and that by having another family to
support with, and since Federico is likewise incapable
too, and since Rebecca and Regina have no
descendants yet to support them, Federico’s father,
the well-off grandpa is the next in rank who, by law is
obliged to furnish the support as he is the capable
ascendant to satisfy the claim for support.
Article 201. The amount of support, in the cases
referred to in Articles 195 and 196, shall be in
proportion to the resources or means of the giver and
to the necessities of the recipient.
The amount of support is dependent as to:
1. The giver’s resources; and
2. Recipient’s needs.
Article 202. Support in the cases referred to in the
preceding article shall be reduced or increased
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proportionately, according to the reduction or
increase of the necessities of the recipient and the
resources or means of the person obliged to furnish
the same. (297a)
RULES ON SUPPORT
1. Proportionate Support As much as possible -
the law does not want to encourage separation
of the spouses. Therefore, a large amount for
separation maintenance should be rarely
given.
2. Change in the amount of support.
a. Depending to the sufficient reason
that exists which may change the
amount of support.
b. Support is not subject to offset.
c. The judgment for support does not
become final.
d. The wife still needs financial assistance
though engaged in a gainful
occupation.
While the law mandates that those related by marriage
and family relationship are generally obliged to
support each other, the law is not that unreasonable as
to contemplate a situation where the one giving the
support shall be compelled to make such support to
the detriment of his or her own being and existence.
Thus, support must be based on the necessities of the
recipient and the resources or means of the person
obliged to furnish support.
Article 203. The obligation to give support shall be
demandable from the time the person who has a right
to receive the same needs it for maintenance, but it
shall not be paid except from the date of judicial or
extrajudicial demand. Support pendente lite may be
claimed in accordance with the Rules of Court.
Payment shall be made within the first five days of
each corresponding month. When the recipient dies,
his heirs shall not be obliged to return what he has
received in advance. (298a)
1. When the Right to Support Begins Such only
accrues the moment one needs it.
Nonetheless, it shall be paid only from the date
of judicial or extra-judicial demand.
2. How Support ‘Pendente Lite’ May be Claimed
This can be done in accordance with Secs. 1-6,
Rule 61 of the Rules of Court.
3. When Payment for Support Must Be Made In
addition to the support payment that must be
made and with a fixed date, Art. 203’s last
paragraph speaks of the effect of death of the
PERSONS AND FAMILY RELATIONS
recipient upon support paid in advance, i.e.,
“when the recipient dies, his heirs shall not be
obliged to return what he has received in
advance.
4. The time support must be paid is when it is
made judicially or extra-judicially.
5. Judgment for support does not prescribe.
6. The obligation to support may be extinguished.
Payment of the amount for support starts only from
the time support has been judicially or extra-judicially
demanded
In a case where an illegitimate child was born on
December 19, 1943 and the extrajudicial demand for
support was made only on June 1959, the Supreme
Court held that payment of support should begin only
from June 1959 applying Article 298 of the Civil Code
(now Article 203 of the Family Code) which provided
that the obligation to give support shall be demandable
from the time the person who had a right to receive the
same needed it for maintenance, but it shall not be
paid except from the date it was extrajudicially
demanded.
Article 204. The Person obliged to give support shall
have the option to fulfill the obligation either by
paying the allowance fixed, or by receiving and
maintaining in the family dwelling the person who has
a right to receive support. The latter alternative
cannot be availed of in case there is a moral or legal
obstacle thereto. (299a)
• Moral or Legal Obstacle (Mangonon vs. Court
of Appeals, G.R. No. 125401, June 30, 2006)
• Moral Impediment
LIM VS. LIM
G.R. No. 163209 October 30, 2009
Facts: Cheryl married Edward (son of petitioners) with
whom she had three children. Cheryl left their house
together with their children and filed an action for
concubinage against Edward. Cheryl also sued
petitioners for support. The trial court ordered Edward
and petitioners to jointly provide P 40,000.00 monthly
support to respondents. CA affirmed, however,
petitioners appealed that the minor respondents live
with them as an alternative proposition and avail the
second option provided to people obliged to give
support in accordance with Article 204 of the Family
Code.
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Issue: Whether petitioners may avail the second option
provided in Article 204 of the Family Code of the
Philippines.
Ruling: NO. The second option provided in the Article
204 of the Family Code of the Philippines comes with
an exception clause which states that it cannot be
availed of in the presence of a moral or legal obstacle.
Granting the prayer of the petitioners will secure the
future of the three grandchildren however, it will force
Cheryl to return to the house which is the scene of her
husband’s infidelity. While not rising to the level of a
legal obstacle as Cheryl’s action for concubinage
against her husband did not prosper, her steadfast
insistence of its occurrence constitutes a moral
impediment bringing the case within the ambit of the
exception clause of Article 204.
Article 205. The right to receive support under this
Title as well as any money or property obtained as
such support shall not be levied upon on attachment
or execution. (302a)
EXEMPT FROM ATTACHEMENT OR EXECUTION
The reason for the rule is that depriving the person of
support may endanger his physical existence.
CHARACTERISTICS OF RIGHT TO SUPPORT
a.) The right to receive legal support, as well as any
money or property obtained as such support, cannot
be levied upon on attachment or execution (Art.205
NCC) for to allow attachment or execution of the right
to support, or of what is used for support, would defeat
the purpose which the law gives the recipient against
want and misery, (Tolentino, Commentaries and
Jurisprudence on the Civil Code, Vol.1,1990 ed.,p.205)
b.) The right to receive support cannot be renounced
nor can it be transmitted to a third person, (De Asis vs.
CA, supra, citing Art.301, NCC)
c.) Future support cannot be a subject of compromise,
(Art.2305 NCC)
d.) Compensation may not even be a set up against a
creditor who has a claim for support due by gratuitous
title.
The right to support in ARREARS MAY BE subjected to
compromise or may be levied upon on attachment or
execution.
Article 206. When, without knowledge of the person
obliged to give support, it is given by the stranger, the
latter shall have the right to claim the same from the
former, unless it appears that he gave it without any
intention of being reimbursed. (216a)
PERSONS AND FAMILY RELATIONS
Stranger – A person who, upon failure on the person
obliged to give support to perform his obligation,
gives the needed support. (The giver must not be one
of those enumerated in Art. 195 and Art.196 of FCP)
REQUISITES FOR RECOVERY:
a. The support of a dependent has been furnished by a
stranger;
b. The support was given without the knowledge of the
person obliged to give support; and
c. The support must not have been given without the
intention of being reimbursed.
Article 207. When the person obliged to support
another unjustly refuses or fails to give support when
urgently needed by the latter, any third person may
furnish support to the needy individual, with a right of
reimbursement from the person obliged to give
support. This Article applies particularly when the
father or mother of a child under the age of majority
unjustly refuses to support or fails to give support to
the child when urgently needed. (2166a)
DIFFERENCES BETWEEN ART. 206 AND ART. 207
ART. 206 ART. 207
the support needed is the support is urgently
not urgent needed
need not be reimbursed has the right to be
reimbursed
given without the the obligor unjustly
knowledge of the person refuses or fails to give
obliged to give support support
Article 208. In case of contractual support or that
given by will, the excess in amount beyond that
required for legal support shall be subject to levy on
attachment or execution.
Furthermore, contractual support shall be subject to
adjustment whenever modification is necessary due
to changes in circumstances manifestly beyond the
contemplation of the parties. (n)
Legal Support Contractual Support
the right to support not based on the law but
arises from or is based originates either from
on the provisions of law the will of the obligor (as
those given by will) or
from the agreement of
the parties
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the recipient and the they need not be
giver must be mutually
obliged to give support
may not be may be
renounced or waived renounced or waived
PARENTAL AUTHORITY
Chapter 1 - General Provisions
• the juridical institution whereby parents
rightfully assume control and protection of
their unemancipated children to the extent
required by the latter needs.
• mass of rights and obligations which the law
grants to parents for the purpose of the
children’s physical preservation and
development, as well as the cultivation of their
intellect and the education of their heart and
senses
Principles on Parental Authority
1. Parental authority and responsibility are
inalienable and may not be transferred or
renounced except in cases authorized by law.
2. The right attached to parental authority,
being purely personal, the law allows a waiver
of parental authority only in cases of adoption,
guardianship and surrender to a children’s
home or an orphan institution.
3. When a parent entrusts the custody of a minor
to another, such as a friend or godfather, even
in a document, what is given is merely
temporary custody and it does not constitute a
renunciation of parental authority.
4. Even if a definite renunciation of parental
authority is manifest, the law still disallows the
same.
5. The father and mother, being the natural
guardians of unemancipated children, are
duty-bound and entitled to keep them in their
custody and company.
6. The child’s welfare is always the paramount
consideration in all questions concerning his
care and custody.
7. The law vests on the father and mother joint
parental authority over the persons of their
common children. In case of absence or death
of either parent, the parent present shall
continue exercising parental authority.
PERSONS AND FAMILY RELATIONS
8. Only in case of the parents’ death, absence or
unsuitability may substitute parental authority
be exercised by the surviving grandparent
9. An illegitimate child is under the sole parental
authority of the mother. In the exercise of that
authority, she is entitled to keep the child in
her company. She will not be deprived of
custody absent any imperative cause showing
her unfitness to exercise such authority and
care.
Article 209. Pursuant to the natural right and duty of
parents over the person and property of their
unemancipated children, parental authority and
responsibility shall include the caring for and rearing
of such children for civic consciousness and efficiency
and the development of their moral, mental and
physical character and well-being.
OVER WHOM EXERCISED:
• exercised over unemancipated children (18
years old and below)
• EXN. parental consent is necessary if a person
below 21 years of age wants to get married
PARENTAL AUTHORITY INCLUDES:
(1) The caring for and rearing of children for civic
consciousness and efficiency;
(2) The development of the moral, mental and physical
character and well-being of said children
Article 210. Parental authority and responsibility may
not be renounced or transferred except in the cases
provided by law.
CASES WHEN PARENTAL AUTHORITY AND
RESPONSIBILITY MAY BE TRANSFERRED OR
RENOUNCED:
a. Adoption;
b. Guardianship; or
c. Commitent of the child in an entity or institution
engaged in child care or in a children’s home
SAGALA-ESLAO VS. COURT OF APPEALS,
266 SCRA 317
Facts: When Maria Paz husband died, she entrusted
the custody of her youngest child to her grieving
mother-in law. Years later, she got married. She
informed the petitioner about her desire to take
custody of the child. Trial Court granted Maria Paz’
petition. Court of Appeals affirmed, hence this petition.
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Issue: Whether or not the petitioner should be given
the custody of the child
Ruling: NO. When Maria entrusted the custody of
Angelica to the petitioner, what she gave to the latter
was merely a temporary custody and it did no
constitute abandonment or renunciation of parental
authority.
The law allows a waiver of parental authority only to
three circumstances recognized by law.
Article 211. The father and the mother shall jointly
exercise parental authority over the persons of their
common children. In case of disagreement, the
father's decision shall prevail, unless there is a judicial
order to the contrary.
Children shall always observe respect and reverence
towards their parents and are obliged to obey them
as long as the children are under parental authority.
RULES AS TO THE EXERCISE OF PARENTAL AUTHORITY:
1. Jointly exercised by the father and mother over
their common children, but in case of
disagreement, the father's decision shall
prevail, unless there is a judicial order to the
contrary
2. Children under parental authority shall always
observe respect and reverence towards their
parents and are obliged to obey them [Art.
211]
3. Exercised by the mother if the child is
illegitimate [Art.176]
a. Rule Applies Even If Father Admits
Paternity
b. Visitation Rights
PARENTAL PREFERENCE RULE:
The natural parents, who are of good character
and who can reasonably provide for the child, are
ordinarily entitled to custody as against all persons.
[Santos v CA (1995)]
Article 212. In case of absence or death of either
parent, the parent present shall continue exercising
parental authority. The remarriage of the surviving
parent shall not affect the parental authority over the
children, unless the court appoints another person to
be the guardian of the person or property of the
children.
REMARRIAGE OF PARENT
The death of one of the parents will not terminate the
parental authority of the surviving parent over their
children.
PERSONS AND FAMILY RELATIONS
Upon remarriage of the surviving parent, the parental
authority over the children shall likewise not be
affected.
The new spouse, by virtue of his or her marrying the
surviving parent, does not automatically possess
parental authority over the children of the surviving
parent unless such new spouse adopts the children.
Upon remarriage of the surviving parent, the court may
appoint another person to be the guardian of the
person or property of the children if it is clearly shown
that, by reason of the remarriage, the surviving parent
cannot undertake the necessary devotion, care, loyalty
and concern toward the children
Article 213. In case of separation of the parents,
parental authority shall be exercised by the parent
designated by the Court. The Court shall take into
account all relevant considerations, especially the
choice of the child over seven years of age, unless the
parent chosen is unfit.
No child under seven years of age shall be separated
from the mother, unless the court finds compelling
reasons to order otherwise.
RULES ON WHO EXERCISES AUTHORITY IN CASE OF
SEPARATION OF PARENTS
1. Custody of the minor children shall be awarded
to the innocent spouse, unless the spouse is
found to be unfit.
2. Tender-Age Presumption- it is the best
interest of the child the he or she be under the
custody of his or her mother.
a. Exception: “Compelling Reasons” or
unfitness of the mother
• This includes neglect,
abandonment, unemployment,
immorality, habitual drunkenness,
drug addiction, maltreatment of
the child, insanity or affliction with
a communicable disease
• Lesbianism and Tight work
schedule is not enough to justify
the deprivation of the mother of
custody over children
3. Rule in Separation De Facto - When the
parents of the child are separated, Article 213
of the Family Code is the applicable law. Since
the Code does not qualify the word
“separation” to mean “legal separation”
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decreed by a court, couples who are separated
in fact are covered within its terms.
• Court shall take into consideration the
best interest of the child in deciding
over who between the spouses should
have custody over the child.
• Subject to material resources, social
and moral situations of the parties
4. “Best interest of the child” can override
procedural and even the rights of parents to
the custody of their children [Luna vs. IAC
(1985)]
• If older than seven years of age, a child
is allowed to state his preference.
However, notwithstanding the
preference, the court has discretion to
determine the question of custody.
• Whether a child is under or over seven
years of age, the paramount criterion
must always be the child’s interests or
the welfare and wellbeing of the child.
LUNA VS. INTERMEDIATE APPELLATE COURT
G.R. No. L-68374 June 18, 1985
Facts: Shirley, a minor, was given by her parents, just
two or four months after her birth, to the custody of
petitioners. Petitioners wanted to take her with them
on a trip to the U.S. but her real parents refused to give
written permission to the child’s application for visa.
She was left with her real parents and when the Lunas
return, her parents refused to return Shirley to latter’s
custody. A habeas corpus was filed by the petitioners
to regain custody, but while they won in the CFI, the
Court of Appeals reversed the decision and ordered the
petitioners to turn over Shirley to her parents. Motion
for reconsideration was filed and in a conference called
by the judge, Shirley manifested that she would kill
herself or run away from home if she should ever be
separated from the Lunas. The judge, however, denied
the motion for reconsideration. Hence, this petition.
Issue: Whether or not the custody of Shirley should be
given to her real parents considering her
manifestations that she would kill herself or run away
from home if she should be taken away from the Lunas
and be forced to live with her real parents
Ruling: NO, such is a circumstance that would make the
execution of the judgment inequitable, unfair and
unjust, if not illegal.
In this case, the very life and existence of the minor is
at stake and the child is at an age when she can exercise
an intelligent choice, the courts can do no less than
PERSONS AND FAMILY RELATIONS
respect, enforce, and give meaning and substance to
that choice and uphold her right to live in an
atmosphere conducive to her physical, moral, and
intellectual development.
5. Where the custody of a child below seven years of
age has been awarded to the mother pursuant to a
divorce or separation decree, a joint custody
agreement subsequently entered into by the parents is
void.
Article 214: In case of death, absence or unsuitability
of the parents, substitute parental authority shall be
exercised by the surviving grandparent. In case
several survive, the one designated by the court,
taking into account the same consideration
mentioned in the preceding article, shall exercise the
authority.
VANCIL VS. BELMES
GR No. 132223, June 19, 2001
Facts: Petitioner is the mother of Reeder C. Vancil, a
Navy serviceman of the United States of America who
died in the said country on December 22, 1986. During
his lifetime, Reeder had two children named Valerie
and Vincent by his common-law wife, Helen G. Belmes.
Petitioner asserts before the RTC a guardianship
proceeding over the persons and properties of minor
children. Petitioner succeeds in her petition before the
lower court. The natural mother of the minors
submitted an opposition to the subject guardianship
proceedings asseverating that she is the legal guardian
of the children. The trial court rejected and denied
Belmes’ motion to remove and/or to disqualify
Bonifacia as guardian. On appeal, the Court of Appeals
reversed the decision of the RTC.
Issue: WON the natural mother of the minor children
shall be awarded the custody of the minor child
Ruling: Yes. Petitioner’s claim to be the guardian of
said minor pursuant to Art 214 can only be realized by
way of substitute parental authority
In this case, even assuming that respondent is unfit as
guardian of the minor, the petitioner cannot qualify as
a substitute guardian since she cannot fulfill her duties
for the fact that she is a resident of the United States.
She had also previously revealed that she had difficulty
in discharging the duties of a guardian by an expatriate
like her. Thus, actual custody of and exercising parental
authority over minor Vincent is vested on the natural
mother.
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Ratio: Being a foreign and non-resident grandparent
militates against the petition for custody of a child –
Courts should not appoint persons as guardians who
are not within the jurisdiction of our courts for they will
find it difficult to protect the wards.
Article 215. No descendant shall be compelled, in a
criminal case. To testify against his parents and
grandparents, except when such testimony is
indispensable in a crime against the descendant or by
one parent against the other.
FAMILY COHESION
The purpose of the rule in article 215 of the Code is to
preserve “family cohesion.” Note that the privilege
may be waived by the descendant and he may, as a
consequence, choose to testify against his parent or
grandparent in a criminal case against the latter. But if
the crime is committed by a parent or grandparent
against the descendant or against the other parent and
the testimony of the descendant is indispensable, he
can be compelled to testify.
Chapter 2 - Substitute and Parental
Authority
Article 216. In default of parents or a judicially
appointed guardian, the following persons shall
exercise substitute parental authority over the child in
the order indicated:
(1) The surviving grandparent, as provided in Art. 214;
(2) The oldest brother or sister, over twenty-one years
of age, unless unfit or disqualified; and
(3) The child’s actual custodian, over twenty-one
years of age, unless unfit or disqualified. Whenever
the appointment of a judicial guardian over the
property of the child becomes necessary, the same
order of preference shall be observed. (349a, 351a,
354a)
Under article 214 of the Code, substitute parental
authority may only be exercised by the persons
designated in article 216 of the Code “in case of death,
absence or unsuitability” of both parents. Substitute
parental authority may thus be defined as the parental
authority which the persons designated by law may
exercise over the persons and property of
unemancipated children in case of death, absence or
unsuitability of both parents. Such being the case, it is
not possible for substitute parental authority to co-
exist with the parents’ parental authority. [Vancil vs
Belmes, (2001)]
PARENTAL PREFERENTIAL RULE
PERSONS AND FAMILY RELATIONS
There is in law and jurisprudence a recognition of the
deep ties that bind parent and child. Parents are thus
placed first in rank in matters of parental authority.
Under the parental preference rule embodied in Article
214 of the Code, the father or mother, if suitable, is
entitled to exercise parental authority over his or her
children. As a consequence of which, the father or the
mother, if suitable, is entitled to the custody of the
child against all persons, even against the
grandparents.
SANTOS VS. COURT OF APPEALS
G.R. NO. 113054, MARCH 16, 1995
Facts: Leouel Sr. and Julia were married and beget only
one child, Leouel Jr.. From the time the boy was
released from the hospital until sometime thereafter,
he had been in the care and custody of his maternal
grandparents, Leopoldo and Ofelia Bedia. Leoue, Sr.
and Julia agreed to place Leouel Jr. in the temporary
custody of the spouses Bedia.
In 1988, Julia left for the United States to work. Since
then, nothing has been heard from her by Leouel Sr.
Likewise, his efforts to locate her in the United States
proved futile. On September 2, 1990, Leouel Sr. along
with his two brothers, visited the Bedia household,
where three-year old Leouel Jr. was staying. It was later
on alleged by the spouses Bedia that through deceit
and false pretensions, Leouel Sr. abducted the boy and
clandestinely spirited him away to his hometown in
Bacong, Negros Oriental.
The spouses Bedia then filed a “Petition for Care,
Custody and Control of Minor Ward Leouel Santos Jr.,”
before the Regional Trial Court of Iloilo City, with
Leouel Santos, Sr. as respondent.
Issue: Whether or not the spouses Bedia who are the
maternal grandparents of Leouel Jr. shall be granted
custody.
Ruling: A minor should be given to the legitimate
father. When a parent entrusts the custody of a minor
to another, such as a friend or a godfather, even in a
document, what is given is merely temporary custody
and it does not constitute a renunciation of parental
authority. Only in case of parents’ death, absence or
unsuitability may substitute parental authority be
exercised by the surviving grandparent.
Article 217. In case of foundlings, abandoned,
neglected or abused children and other children
similarly situated, parental authority shall be
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entrusted in summary judicial proceedings to heads of
children’s homes, orphanages and similar institutions
duly accredited by the proper government agency.
(314a)
FOUNDLING CHILD
A foundling is a child deserted by parents whose
identity is not known or a child committed to an
orphanage or charitable or similar institution with
unknown facts of birth and parentage and registered in
the Civil Register as a “foundling”.
ABANDONED CHILD
“Abandoned child” refers to one who has no proper
parental care or guardianship or whose parent(s) has
deserted him/her for a period of at least six (6)
continuous months and has been judicially declared as
such.
NEGLECTED CHILD
A neglected child is one whose basic needs have been
deliberately unattended or inadequately attended.
Neglect may occur in two ways:
(a) There is a physical neglect when the child is
malnourished, ill clad and without proper
shelter. A child is unattended when left by
himself without provisions for his needs
and/or without proper supervision.
(b) Emotional neglect exsts: when children are
maltreated, raped or seduced; when children
are exploited, overworked or made to work
under conditions not conducive to good
health; or are made to beg in the streets or
public places, or when children are in moral
danger, or exposed to gambling, prostitution
and other vices.
WHO SHALL EXERCISE SUBSTITUTE PARENTAL
AUTHORITY
In case of foundlings, abandoned, neglected or abused
children and other children similarly situated, parental
authority shall be entrusted in summary judicial
proceedings to heads of children’s homes, orphanages
and similar institutions duly accredited by the proper
government agency.
Article 218: The school, its administrators and
teachers, or the individual, entity or institution
engaged in child care 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)
PERSONS AND FAMILY RELATIONS
CONCEPT OF SPECIAL PARENTAL AUTHORITY
Special parental authority is granted by law to certain
persons, entities or institutions in view of their special
relation to children under their supervision, instruction
or custody. The parental authority which the law grants
to these persons is denominated as “special” since the
same is limited and is present only while the child is
under their “supervision, instruction or custody.”
Necessarily, the exercise of this “special parental
authority” is limited to the confines of the premises of
the school, entity or institution exercising the same. By
way of exception, however, the special parental
authority and responsibility is extended by law to all
authorized activities whether the same is undertaken
inside or outside of the premises of the school, entity
or institution exercising special parental authority.
Unlike the substitute parental authority, the special
parental authority under the Code co-exists with the
parents’ parental authority.
Article 219. Those given the authority and
responsibility under the preceding Article shall be
principally and solidarily liable for damages caused by
the acts or omissions of the unemancipated minor.
The parents, judicial guardians or the persons
exercising substitute parental authority over said
minor shall be subsidiarily liable. The respective
liabilities of those referred to in the preceding
paragraph shall not apply if it is proved that they
exercised the proper diligence required under the
particular circumstances. All other cases not covered
by this and the preceding articles shall be governed by
the provisions of the Civil Code on quasi-delicts. (n)
WHO MAY EXERCISE SPECIAL PARENTAL AUTHORITY
The following persons or entities shall have special
parental authority and responsibility over minor
children under their “supervision, instruction or
custody:”
(1) the school;
(2) the school’s administrators and teachers; or
(3) the individual, entity or institution engaged in child
care. Note that their authority and responsibility shall
apply to all “authorized activities” whether inside or
outside the premises of the school, entity or
institution.
PRIMARY LIABILITY OF PERSONS EXERCISING SPEACIAL
PARENTAL AUTHORITY
If a minor child is under the special parental authority
of the persons designated under article 218 of the
Code, any liability or responsibility for damages caused
by the acts or omissions of said child shall be borne,
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primarily, by those persons exercising special parental
authority over the minor child; while the parents,
judicial guardians or the persons exercising substitute
parental authority shall be subsidiarily liable. For
example, if a minor child, while inside the school
premises for an authorized activity, causes injury to
one of his schoolmates, the school, its administrators
and teacher of the erring child shall be primarily liable
for damages sustained by the child’s schoolmate.
Chapter 3 -Effect of Parental Authority
Upon the Persons of the Children
Article 220. The parents and those exercising parental
authority shall have with respect to their
unemancipated children or wards the following rights
and duties:
1) To keep them in their company, to support, educate
and instruct them by right precept and good example,
and to provide for their upbringing in keeping with
their means;
2) To give them love and affection, advice and
counsel, companionship and understanding;
3) To provide them with moral and spiritual guidance,
inculcate in them honesty, integrity, self-discipline,
self-reliance, industry and thrift, stimulate their
interest in civic affairs, and inspire in them compliance
with the duties of citizenship;
4) To enhance, protect, preserve and maintain their
physical and mental health at all times;
5) To furnish them with good and wholesome
educational materials, supervise their activities,
recreation and association with others, protect them
from bad company, and prevent them from acquiring
habits detrimental to their health, studies and morals;
6) To represent them in all matters affecting their
interests;
7) To demand from them respect and obedience;
8) To impose discipline on them as may be required
under the circumstances; and
9) To perform such other duties as are imposed by law
upon parents and guardians. (316a)
PARENTAL RIGHTS AND DUTIES
1. physical possession of child (custody) - which, in case
of custodial parent, includes day-to-day care and
companionship of child;
2. right to discipline child - which includes right to
inculcate in child parent’s moral and ethical standards;
3. right to control and manage minor child’s earnings;
4. right to control and manage minor child’s property;
5. right to be supported by adult child;
6. right to have child bear parent’s name; and
PERSONS AND FAMILY RELATIONS
7. right to prevent adoption of child without parents’
consent.
The law’s concept of the family rests on a presumption
that parents possess what a child lacks in maturity,
experience and capacity for judgment required for
making life’s difficult decisions. More important
historically, it has recognized that natural bonds of
affection lead parents to act in the best interest of the
child (Parham v. J.R., 442 US 584, 61 L. Ed 2d 101).
DUTIES OF PARENTS UNDER PRESIDENTIAL DECREE
NO. 603.
1) to give them affection, companionship and
understanding;
2) to extend to them the benefits of moral
guidance, self-discipline and religious
instruction;
3) to supervise their activities, including
recreation;
4) to inculcate in them the value of industry,
thrift and self-reliance;
5) to stimulate their interest in civic affairs,
teach them the duties of citizenship, and
develop their commitment to their country;
6) to advise them properly on any matter
affecting their development and well-being;
7) to always set a good example;
8) to provide them with the adequate support
as defined in the law particularly the Family
Code; and
9) to administer their property, if any,
according to their best interest subject to the
provisions of the Family Code particularly
Article 225.
REPRESENTATIVE OF THE CHILDREN.
The offer to redeem a particular property made by the
father on behalf of his children is valid, as he is their
natural guardian and represents them in and out of
court and that such an offer is not an act of
administration but of representation of his children.
(Wenceslao v. Calimon, 46 Phil. 906)
Mother who filed for and on behalf of her child a
petition for change of name, the Supreme Court held
that such a petition was not dismissible because the
mother, with respect to her unemancipated child, had
the duty to represent him in all actions which redound
to his benefit (Tse v. Republic, 20 SCRA 1261).
DUTY TO PROVIDE SUPPORT
While the parents are duty-bound to provide support
to their unemancipated children, as a consequence of
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their exercise of parental authority, the latter,
however, is not the basis of this obligation.
OTHER DUTIES IMPOSED BY LAW
Under the law, children below fifteen (15) years of age
shall not be employed except when a child works
directly under the sole responsibility of his/her parents
or legal guardian and where only members of his/her
family are employed.
DISCIPLINARY ACTIONS.
Can the child, despite his or her wrong and seemingly
incorrigible behavior, file an action in court to compel
the parents to provide him or her with support on the
ground that parents are obliged to support their
children, whether legitimate or illegitimate, under
Article 195 of the Family Code?
ROE VS DOE
29 NY 2d 188, 272 N.E. 2d 567, 324 NY S.2d 71 (1971)
Facts: Mary Roe, 20, disobeyed her father by moving
out of the college dormitory. With this, father cut off
all further support from his daughter and told her to
return to New York. She ignored him, selling the car he
had purchased for he and living off the proceeds. She
fell into academic probation (but fought her way back),
experimented with LSD and marijuana. Later, she sued
her father for support.
Issue: Whether or not a parent has the duty of
continuing support when his or her minor child of
employable age and in full possession of her faculties,
voluntarily and without cause abandons the parent's
home, against the will of the parent, and for the
purpose of avoiding parental control
Ruling: No. Where a minor child of employable age and
in full possession of her faculties voluntarily and
without cause abandons the parent's home against the
will of the parent and for the purpose of avoiding
parental control, she forfeits her right to demand
support.
RIGHTS OF THE CHILDREN.
(1) is entitled to parental care;
(2) shall receive at least elementary education;
(3) shall be given moral and civic training by the parents
or guardian; and
(4) has a right to live in an atmosphere conducive to his
physical, moral and intellectual development.
Article 221. Parents and other persons exercising
parental authority shall be civilly liable for the injuries
PERSONS AND FAMILY RELATIONS
and damages caused by the acts or omissions of their
unemancipated children living in their company and
under their parental authority subject to the
appropriate defenses provided by law.
PRIMARY LIABILITY OF PARENTS.
The parents are principally and primarily liable for acts
or omissions of their unemancipated children resulting
in injuries to others.
LIBI VS. INTERMEDIATE APPELLATE COURT
214 SCRA 16
Facts: Julie Ann Gotiong and Wendell Libi died, each
from a single gunshot wound from a revolver licensed
in the name of petitioner Cresencio Libi. The
respondents, parents of Julie Ann, filed a case against
the parents of Wendell to recover damages arising
from the latter’s vicarious liability under Article 2180 of
the Civil Code. The trial court dismissed the complaint.
On appeal, the IAC set aside the judgment of the lower
court dismissing the complaint of Julie Ann’s parents.
Issue: Whether or not the parents of Wendell are civilly
liable?
Ruling: Yes. It was determined from the evidence
adduced that the Libis had been negligent in
safekeeping their gun. Wendell gained access to the
gun in 1978 and the Libis did not know that their son
had possession of said gun. They only found out about
it when the shooting happened. Further, they were not
even aware that their son is a drug informant of the
local Constabulary (police force at that time). Clearly,
the parents were negligent and were not acting with
the diligence required by law (that of a good father of
a family) in making sure that their minor children shall
not cause damages against other persons.
LIABILITY OF PARENTS FOR DAMAGES CAUSED BY
THEIR MINOR CHILDREN
1. Liability of parents for quasi-delicts – Under
following conditions:
▪ the minor is living in the company of his
parents;
▪ the minor is under their parental authority;
and
▪ the parents failed to exercise all the diligence
of a good father of a family to prevent damage.
2. Liability of parents for crimes committed by their
minor children
▪ Parental liability is anchored upon parental
authority coupled with presumed parental
dereliction in the discharge of the duties
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accompanying such authority. Parental
dereliction, only presumed and the
presumption can be overturned by proof that
the parents had exercised all the diligence of a
good father of a family to prevent the damage.
o DILIGENCE OF A GOOD FATHER OF A
FAMILY - To be able to remove
themselves from liability under Article
221, the parents must show that they
exercised the diligence of a good
father of a family.
▪ Note that the basis of parental liability for the
torts of a minor child is the relationship
existing between the parents and the minor
child living with them and over whom, the law
presumes, the parents exercise supervision
and control.
▪ Parental Authority doesn’t have retroactive
effect in case of adoption
TAMARGO VS COURT OF APPEALS
GR No. 85044, June 3, 1992
Facts: In October 1982, Adelberto Bundoc, minor, 10
years of age, shot Jennifer Tamargo with an air rifle
causing injuries that resulted in her death. The
petitioners, natural parents of Tamargo, filed a
complaint for damages against the natural parents of
Adelberto with whom he was living the time of the
tragic incident. In December 1981, the spouses
Rapisura filed a petition to adopt Adelberto
Bundoc. Such petition was granted on November 1982
after the tragic incident.
Issue: WON parental authority concerned may be
given retroactive effect so as to make adopting parents
the indispensable parties in a damage case filed against
the adopted child where actual custody was lodged
with the biological parents.
Ruling: No. In the case at bar, during the shooting
incident, parental authority over Adelberto was still
lodged with the natural parents. It follows that they
are the indispensable parties to the suit for
damages. “Parents and guardians are responsible for
the damage caused by the child under their parental
authority in accordance with the civil code”.
▪ Since parental liability is anchored upon
parental authority coupled with presumed
parental dereliction in the discharge of the
duties accompanying such authority, no
parental liability can be imposed upon the
father of an illegitimate child, especially if the
PERSONS AND FAMILY RELATIONS
child is not living in his company, since an
illegitimate child, under the law, is under the
sole parental authority of the mother.
3. Nature of parent’s liability
Whether the liability of the parents arises from quasi-
delict or criminal offenses committed by their minor
children under their legal authority or control, or who
live in their company, the nature of such liability is
primary and not subsidiary.
Article 222. The courts may appoint a guardian of the
child’s property or a guardian ad litem when the best
interests of the child so requires. (317)
GUARDIAN.
A guardianship is a trust relation of the most sacred
character, in which one person, called a “guardian,”
acts for another, called the “ward,” whom the law
regards as incapable of managing his own affairs (39
Am. Jur. 9).
Guardians ad litem are considered officers of the court
in a limited sense, and the office of such guardian is to
represent the interest or the incompetent or the minor
(Rivero v. Court of Appeals, G.R. No. 141273, May 17,
2005, 458 SCRA 714).
*RULE ON GUARDIANSHIP OF MINORS (A.M. No. 03-
02-05-SC)
Article 223. The parents or, in their absence or
incapacity, the individual, entity or institution
exercising parental authority, may petition the proper
court of the place where the child resides, for an order
providing for disciplinary measures over the child. The
child shall be entitled to the assistance of counsel,
either of his choice or appointed by the court, and a
summary hearing shall be conducted wherein the
petitioner and the child shall be heard.
However, if in the same proceeding the court finds the
petitioner at fault, irrespective of the merits of the
petition, or when the circumstances so warrant, the
court may also order the deprivation or suspension of
parental authority or adopt such other measures as it
may deem just and proper. (318a)
SUCH MEASURES MAY INCLUDE THE FOLLOWING
1. Commitment of the child not more than 30 days in
entities or institutions engaged in child care.
2. Commitment of the child not more than 30 days in
children’s home duly accredited by the proper
government agency.
Upon commitment of the child, the parent shall:
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1. The parent shall not interfere with the care of the
child
2. The parent shall, however, provide for child’s
support
Upon proper petition or at its own instance the court
may:
1. Terminate the commitment of the child whenever
just and proper.
Article 224. The measures referred to in the preceding
article may include the commitment of the child for
not more than thirty days in entities or institutions
engaged in child care or in children’s homes duly
accredited by the proper government agency.
The parent exercising parental authority shall not
interfere with the care of the child whenever
committed but shall provide for his support. Upon
proper petition or at its own instance, the court may
terminate the commitment of the child whenever just
and proper. (391a)
AID FROM THE COURT
The parents have the principal duty of undertaking
measures to discipline their children. Even the State
recognizes this norm unless of course, the parents
treat the children inhumanly or beyond what is
absolutely necessary. If the children remain
incorrigible, the parents are given the right to seek the
aid of the court to impose other more drastic
disciplinary measures for the child’s improvement and
which the court may provide as warranted under the
premises.
REPUBLIC ACT NO. 8972
AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES
TO SOLO PARENTS AND THEIR CHILDREN,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES
Chapter 4 -Effect of Parental Authority
upon the Property of the Children
Article 225. The father and the mother shall jointly
exercise legal guardianship over the property of the
unemancipated common child without the necessity
of a court appointment. In case of disagreement, the
father’s decision shall prevail, unless there is a judicial
order to the contrary.
Where the market value of the property or the annual
income of the child exceeds P50,000, the parent
concerned shall be required to furnish a bond in such
amount as the court may determine, but not less than
PERSONS AND FAMILY RELATIONS
ten per centum (10%) of the value of the property or
annual income, to guarantee the performance of the
obligations prescribed for general guardians.
A verified petition for approval of the bond shall be
filed in the proper court of the place where the child
resides, or, if the child resides in a foreign country, in
the proper court of the place where the property or
any part thereof is situated.
The petition shall be docketed as a summary special
proceeding in which all incidents and issues regarding
the performance of the obligations referred to in the
second paragraph of this Article shall be heard and
resolved.
The ordinary rules on guardianship shall be merely
suppletory except when the child is under substitute
parental authority, or the guardian is a stranger, or a
parent has remarried, in which case the ordinary rules
on guardianship shall apply. (320a)
RULES ON PARENTAL AUTHORITY UPON THE
PROPERTY OF THE CHILDREN
1. The father and mother shall jointly exercise legal
guardianship without necessity of a court appointment
2. The father’s decision shall prevail in case of
disagreement unless there is a contrary judicial order
3. When market value of the property or the annual
income exceeds Php 50,000, concerned parents may
be required to furnish a bond so as to guarantee the
performance of the obligations prescribed.
• The court may determine the amount
• Not less than 10% of the value of the property
or the annual income.
• Petition for the approval of the bond shall be
filed in the proper court of the place of the
child’s residence
• If child resides in a foreign country, the proper
court of the place where property is situated
• Petition will be docketed as a summary special
proceeding in which all issues regarding the
performance of the obligations will be resolved
4. Legal Guardians may only administer; recover the
property from third persons, collect their fruits, and
preserve the property.
5. Legal Guardians may not sell, mortgage, encumber,
or dispose of the property.
• Judicial approval is required in sale of a minor’s
property
• Properties sold by the guardian may be
recovered by the minor within a period of
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thirty years from the time the transaction was
entered into.
• Legal guardians has no power to compromise
the claims of the minor since it is deemed
equivalent to an alienation and an act of strict
ownership
LINDAIN VS. COURT OF APPEALS
G.R. No. 95305, Aug. 20, 1992
Facts: Siblings E, O, C, T and V were registered owners
of a parcel of land. During their minority, the Mother
sold the land to spouses F and A. When the youngest
of the siblings turned 31 yrs. old, the children (not
anymore) filed a complaint against the vendees to
rescind the sale.
Issues: Whether or not the siblings’ action would
prosper?
Ruling: Yes. The action will prosper. Read Article 225.
Further specified that prescription for recovery is 30
years.
In this case, the mother had no authority to sell the
property which the siblings are owners thereof unless,
she obtained prior judicial approval from the court with
jurisdiction of property in question. The siblings filed
for recovery within the prescription period.
6. General Rule: Ordinary rules on guardianship shall be
suppletory
• Exception: Ordinary rules on guardianship
shall apply
o When the child is under substitute
parental authority
o Guardian is a stranger
o A parent has remarried
Article 226. The property of the unemancipated child
earned or acquired with his work or industry or by
onerous or gratuitous title shall belong to the child in
ownership and shall be devoted exclusively to the
latter’s support and education, unless the title or
transfer provides otherwise.
The right of the parents over the fruits and income of
the child’s property shall be limited primarily to the
child’s support and secondarily to the collective daily
needs of the family. (321a, 323a)
• The property of an unemancipated child
earned or acquired with his work or industry,
by onerous or gratuitous title shall belong to
the child in ownership
PERSONS AND FAMILY RELATIONS
• Such properties shall be devoted exclusively to
the child’s support and education, unless the
title or transfer provides otherwise
• Parents’ rights over the fruits and income of
the child’s property shall be limited
o Primarily to the child’s support
o Secondarily to the collective daily
needs of the family
Article 227. If the parents entrust the management or
administration of any of their properties to an
unemancipated child, the net proceeds of such
property shall belong to the owner. The child shall be
given a reasonable monthly allowance in an amount
not less than that which the owner would have paid if
the administrator were a stranger, unless the owner,
grants the entire proceeds to the child. In any case, the
proceeds thus give in whole or in part shall not be
charged to the child’s legitime. (322a)
MINOR AS MANAGER OR ADMINISTRATOR
When the parents entrust the management or
administration of the community or conjugal property
or business to him, the minor child is entitled to
compensation in an amount not less than what a
stranger would have received for the job. The
compensation thus received shall not be charged
against his legitime.
Chapter 5 – Suspension or Termination of
Parental Authority
Article 228. Parental authority terminates
permanently:
(1) Upon the death of the parents;
(2) Upon the death of the child; or
(3) Upon emancipation of the child. (327a)
Emancipation- A minor child is emancipated upon
reaching the age of majority.
Article 229. Unless subsequently revived by a final
judgment, parent authority also terminates:
1. Upon adoption of the child;
2. Upon appointment of a general guardian;
3. Upon judicial declaration of abandonment of
the child in a child filed for the purpose;
4. Upon final judgment of a competent court
divesting the party concerned of parental
authority; or
5. Upon judicial declaration of absence or
incapacity of the person exercising parental
authority (327a)
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ABANDONMENT
CHUA VS. CABANGBANG
G.R. NO. 23253, MARCH 28, 1969
Facts: Petitioner, when she was still at the prime of
youth, worked as a hostess in nightclubs. She slept with
different men, but she got pregnant with 2 children
from a certain Sy Sia Lay and 1 daughter with Victor Tan
Villareal. She gave her youngest daughter to a comadre
in Cebu.
The custody of the other daughter, Betty, was given by
petitioner’s live-in partner, with the petitioner’s
consent to Mr. and Mrs. Cabangbang during the
former’s early years (4 months old). They christened
her Grace Cabangbang.
Issue: WON the custody of the child can be granted back to the
mother
Ruling: NO petitioner abandoned the child, thus she
has lost her parental authority over the child. Mere
acquiescence to the giving by Villareal to the spouses is not
sufficient to constitute abandonment but since she waited for a
period of 5 years before she filed the petition for custody, it is
more believable that she did abandon the child.
Article 230. Parental Authority is suspended upon the
conviction of the parent or the person exercising the
same of a crime which carries with it the penalty of
civil interdiction. The authority is automatically
reinstated upon service of the penalty or upon pardon
or amnesty of the offender (330a.)
Article 231. The court in an action filed for the purpose
in a related case may also suspend parental authority
if the parent or the person exercising the same:
(1) Treats the child with excessive harshness
or cruelty;
(2) Gives the child corrupting orders, counsel
or example;
(3) Compels the child to beg; or
(4) Subjects the child or allows him to be
subjected to acts of lasciviousness.
The grounds enumerated above are deemed to
include cases which have resulted from culpable
negligence of the parent or the person exercising
parental authority.
If the degree of seriousness so warrants, or the
welfare of the child so demands, the court shall
deprive the guilty party of parental authority or adopt
such other measures as may be proper under the
circumstances.
PERSONS AND FAMILY RELATIONS
The suspension or deprivation may be revoked and
the parental authority revived in a case filed for the
purpose or in the same proceeding if the court finds
that the cause therefor has ceased and will not be
repeated. (33a)
Article 232. If the person exercising parental authority
has subjected the child or allowed him to be subjected
to sexual abuse, such person shall be permanently
deprived by the court of such authority. (n)
Article 233. The person exercising substitute parental
authority shall have the same authority over the
person of the child as the parents.
In no case shall the school administrator, teacher of
individual engaged in child care exercising special
parental authority inflict corporal punishment upon
the child. (n)
EMANCIPATION AND
AGE OF MAJORITY
Article 234. Emancipation takes place by the
attainment of majority. Unless otherwise provided,
majority commences at the age of twenty-one years.
Emancipation also takes place:
(1) By the marriage of the minor; or
(2) By the recording in the Civil Register of an
agreement in a public instrument executed by the
parent exercising parental authority and the minor at
least eighteen years of age. Such emancipation shall
be irrevocable. (397a, 398a, 400a, 401a)
1. RA No 6809 (December 13, 1989) has lowered the
age of majority to 18 years.
2. No retroactive effect to prejudice minors.- provides
that upon the effectivity of this Act, existing wills,
bequests, donations, grants, insurance policies and
similar instruments containing references and
provisions favorable to minors will not retroact to their
prejudice.
Article 236. Emancipation for any cause shall
terminate parental authority over the person and
property of the child who shall then be qualified and
responsible for all acts of civil life. (412a)
Note: Article 235 and 237 were repealed by R.A. 6809
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