Persons - Finals Reviewer by Aub Aub PDF

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TITLE VI – PATERNITY AND FILIATION

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LEGITIMATE CHILDREN Art. 163. Filiation is by nature or by adoption Art. 164. Born during marriage is legitimate Artificial insemination and test tube babies are also legitimate through ratification in written instrument A child so born in such wedlock shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as having been an adulteress (De Jesus v. Heirs of Dizon)

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Art. 171. The heirs of the husband may impugn child’s filiation

Art. 165. Born outside a valid marriage is illegitimate Exemption: Marriage under Art. 36 and Art. 53 Art. 166. Impugnation of child’s legitimacy (Badua v. CA)  It is the husband who can impugn the legitimacy of said child by proving 1. Physical impossibility of the husband a. Physical incapacity b. Living separately c. Serious illness 2. Proved by scientific reasons, the child is not of the husband (except provided in Art. 164) 3. If conceived through artificial insemination, written authorization by both spouse is a mistake or by fraud Art. 167. Child considered legitimate the although mother declared against its legitimacy Art. 168. Child born within three hundred days after termination of previous marriage 1. Born before 180 days after solemnization of subsequent marriage is considered conceived during the former marriage 2. Born after 180 days following the celebration of subsequent marriage is considered conceived during such marriage Art. 169. Child born after 300 days following the termination of previous marriage shall be proved by whoever alleges it.

Within 1 year from knowledge of birth and recording – If the husband or heirs reside in the same city where the birth took place or recorded Within 2 years from knowledge of birth and recording – “ “ “ do not reside at the same city “” Within 3 years from knowledge of birth and recording – “ “ “ if abroad Period shall be counted from the discovery – If the birth of the child was concealed

1. If the husband should die before expiration of the period fixed for bringing his action. 2. If he should die after the filing of the complaint 3. Child was born after the death of husband Child may impugn his legitimacy PROOF OF FILIATION

Regarding Baptismal Cert. In Macandang vs. CA, baptismal certificates may be considered public documents, they are not necessarily competent evidence of the veracity of entries therein with respect to the child's paternity. Regarding Birth Cert. "In Fernandez vs CA, a birth certificate no signed by the alleged father therein indicated is not competent evidence of paternity." Art. 172. Filiation of legitimate children established by ff.: 1. Record of birth in civil register or final judgement o Signed by physician or midwife o Declared by either parent o Unsigned birth certificate – not a proof of filiation 2. Admission of legitimate filiation in a public document or private handwritten instrument and signed by the parent concerned Absence of evidence: 1. The open and continuous

Art. 170. The action to impugn the legitimacy of the child

possession of the status of a legitimate child 2. Other means allowed by Rules of Court and Special Laws

Possession of Status of Illegitimate Child Action for compulsory acknowledgement: a.) Lifetime of child b.) Lifetime of putative father  For proof of recognition – Direct express acknowledgement is required Filiation of legitimacy cannot be attacked collaterally Filiation of illegitimate children should be ventilated in the proper probate court in a special proceeding, cannot be adjudicated in an ordinary action. Other means allowed by Rules of Court  DNA Test is now Admissible  Physical Resemblance  Holographic and notarial wills Offspring in Rape Cases  Married rapist cannot be compelled to recognize the child as his Illegitimate Child not Voluntarily Recognized  For proof of recognition – Any of the documents required by law An illegitimate child can compel recognition through: 1. File a separate action against the parent concerned to compel recognition 2. If parent is dead, an action can be filed against all the potential heirs who could be prejudiced by his recognition and an action for the enforcement of his rights against his parent or latter’s heirs. 3. Intervene in administration proceeding for the settlement of the deceased parent’s estate, if already closed, can ask for reopen at the probate court Rights of Illegitimate Child Who is Still a Minor Given the right to seek recognition up to 4 years from attaining majority age

3. Entitled to the legitime and other successional rights Can support be renounced or compromised?  Future support and future legitime cannot be renounced or compromised.  Past and present support may be renounced or compromised  May be transmitted to a third person ILLEGITIMATE CHILDREN The due recognition of an illegitimate child in a record of birth, a will, a statement before a court of record, or in any authentic writing is, in itself, a consummated act of acknowledgment of the child, and no further court action is required. (De Jesus v. Heirs of Dizon) ART. 175. Illegitimate filiation may be established: 1. Same way and evidence as legitimate children 2. Same period specified in Art. 173 3. Exception: Action based on 2nd paragraph in Art. 172  Filiation and recognition must not only be proven but also acknowledged by the supposed parent ART. 176. ILLEGITIMATE CHILDREN SHALL: 1. Use the surname of their parents May use the surname of their father if filiation has been expressly recognized through record of birth appearing in the civil register, admission in a public document, or private handwritten instrument. 2. Parental authority of their mother Children below 7 y/o 3. Entitled to support 4. Legitime consists ½ of the legitimate child Compulsory heirs

Art. 173. Action to claim legitimacy may be brought:  

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During the child’s lifetime If dies during minority or in a state of insanity, shall be transmitted to the heirs; Within five years to institute the action. Action already commence by the child shall survive.

Art. 174. Rights of Legitimate Children:

LEGITIMATED CHILDREN Art. 177. Requisites for Legitimation 1. Conceived and born outside wedlock 2. Parents at the time of child’s conception has no legal impediment to marry each other 3. Subsequent valid marriage of parents Exception:

1. Bear surnames of parents 2. Receive support from parents, ascendants, brothers and sisters

a. Couples married when reached the legal age

b. Born in bigamous marriage but legally married after widowhood of disqualified parent c. Previously solemnized by unauthorized officer but contracted another marriage to an authorized one d. Married without marriage license and contracted subsequent valid marriage e. Children conceived after the decree of annulment of a voidable marriage. Remedy of Illegitimate Children Who Cannot Be Legitimated 

Adoption

Art. 178. Legitimation shall take place by: 1. Subsequent valid marriage between parents; 2. Voidable marriages shall not affect legitimation Art. 179. Legitimated child shall enjoy the same rights as legitimate children Art. 180 Effects of legitimation shall retroact to the time of the child’s birth Art. 181. Legitimation of children who died before the celebration of marriage shall benefit their descendants Art. 182. Legitimation may be impugned:  

Who can adopt 1. Filipino Citizens a. Of legal age (18 y/o may only adopt children up to 2 years of age) b. With full civil capacity and legal rights c. Of good moral character and has not been convicted of any crime involving moral turpitude d. Emotionally and psychologically capable of caring for children e. At least sixteen (16) years older than adoptee, except when adopter is biological parent of the adoptee or is the spouse of the adoptee’s parent

Only by those who are prejudiced in their rights Within five years from the time their cause of action accrues

2. Aliens Same for Filipinos provided further that: a. His/her country has diplomatic relations with the Philippines b. Has been living in the Philippines for 3 continuous years prior to the filing of application and maintains such residence until the decree is entered Note: absences not exceeding 60 days per 1 year for professional, business, or emergency reasons are allowed c. Has been certified by his/her diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country d. His/her government allows the adoptee to enter his/her country as his/her adoptee and reside there permanently as an adopted child e. Has submitted all the necessary clearances and such certifications as may be required

Some grounds for impugnation: 1. The child is not the child of the parents 2. The Child is not qualified as when his parents were suffering from certain impediments at the time of the child’s conception 3. The subsequent marriage of the parents is void. ADOPTION       

Without juridical approval is void Vested in the family courts The same status and rights as the legitimate child only Husband and wife must jointly adopt Legally separated spouse can adopt alone Without the consent of other spouse, adoption will not prosper Adoptive parent cannot rename the adopted with another name in the same

3. Guardians With respect to their wards, after the termination of the guardianship and clearance of his/her accountabilities. Exception [Sec. 7]: a. One spouse seeks to adopt the legitimate child of the other b. One spouse seeks to adopt his own illegitimate child, provided that the other spouse has signified their consent thereto c. Spouses are legally separated from each other Art. 186. Joint parental authority shall be exercised by the spouses Art. 187. Repealed by RA 8552 Who can be Adopted 1. Minor (below 18) who has been administratively or judicially declared available

adopting proceedings. Art. 183. Repealed by RA 8552

for adoption 2. Legitimate son/daughter of one spouse by another

3. Illegitimate son/daughter by a qualified adopter to improve the child’s status to that of legitimacy 4. A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter(s) as his/her child since minority 5. A child whose previous adoption has been rescinded 6. A child whose biological or adoptive parent(s) has died, provided that no proceedings shall be initiated within 6 months from the time of death of said parent(s) Exceptions to the Requirement of a certification that the Child is Available for Adoption: 1. Adoption of an illegitimate child by his/her biological parent; 2. Adoption of a child by his/her stepparent; 3. Adoption by a relative within the 4th civil degree by consanguinity or affinity Art. 188. Repealed by RA 8552 Persons whose written consent is necessary for adoption 1. The prospective adoptee if 10 years or older 2. The prospective adoptee’s biological parents, legal guardian or the government instrumentality or institution that has custody of the child 3. The prospective adopters’ legitimate and adopted children who are 10 years or older 4. The prospective adopters’ illegitimate children, if any, who are 10 years or older and living with them 5. The spouse, if any, of the person adopting or to be adopted. Note: A decree of adoption shall be effective as of the date the original petition was filed. It also applies in case the petitioner dies before the issuance of the decree of adoption to protect the interest of the adoptee. Art. 189. Repealed by RA 8552 Effects of Adoption  Does not confer the nationality the nationality of adopter  Adoptee may now represent the adopter 1. A. Child is deemed legitimate B. Can use the surname of adopter 2. Parental authority of the parents by nature shall terminate and be vested in adopters Exception: In cases where the biological parent is the spouse of the adopter 3. A. Adoptee shall have reciprocal rights of

B. If the biological parent(s) left a will, law on testamentary succession shall govern. Art. 190. Intestate succession to the estate of the adopted a. Legitimate and illegitimate children, descendants and the surviving spouse of the adoptee shall inherit in accordance with the ordinary rules of legal/intestate succession b. When the surviving spouse OR illegitimate children AND adopters concur, they shall inherit on a 50-50 basis c. When the surviving spouse AND illegitimate children AND adopters concur, they shall inherit on a 1/3-/1/3-1/3 basis d. When only adopters survive, they shall inherit 100% of the estate e. When only collateral blood relatives survive, ordinary rules of legal or intestate succession shall apply. Art. 191. Rescission of Adoption  Adoptee may file action for rescission, with the assistance of DSWD if he/she is a minor or over 18 but incapacitated. Grounds for Rescission: 1. Repeated physical and verbal maltreatment by adopters despite having undergone counseling 2. Attempt on life of adoptee 3. Sexual assault or violence 4. Abandonment or failure to comply with parental obligations Art. 192. Adoptee not a subject to. However, the adopter may disinherit the child. Grounds for disinheritance of adoptee: 1. Conviction of an attempt on the life of the adopter 2. Having accused, without grounds, the adopter of a crime punishable by imprisonment for more than 6 years 3. Conviction of adultery/concubinage with the adopter’s spouse 4. Having caused the adopter to make or change a will by force, intimidation or undue influence 5. Refusal without just cause to support the adopter 6. Maltreatment of the adopter by word/deed 7. Living a dishonorable/disgraceful life 8. Conviction of a crime which carries with it the

succession without distinction from legitimate filiation.

penalty of civil interdiction Art. 193. Effects of Rescission

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Vested rights upon the adoptee shall be respected. (includes successional rights) Restoration of original birth certificate

b. Legitimate ascendants descendants; - No matter what degree

1. If the child is still minor or incapacitated, parental authority reinstated to parents by nature or legal custody of the Department 2. All reciprocal rights and obligations between adoptee & adaptor are extinguished. 3. Adoptee loses the right to use the surname of the adopter and resume to former. Simulation of Birth is a Crime  Tampering of the civil registry making it appear in the records that a certain child was born to a person who isn’t his/her biological mother  Rectification must be done within five years.

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SUPPORT Depend upon the financial capacity of the family Continues until the minor becomes of age Can be transmitted to third persons, be renounced or compensated

c. Parents and their children (legitimate and illegitimate) and the children of the latter (legitimate and illegitimate); d. Legitimate brothers and sisters, whether of full or half-blood e. Illegitimate brothers and sisters, whether of full or half-blood Note: Both legitimate and illegitimate children are entitled to support. The only difference is the source of support, which for illegitimate children is the parent’s separate properties. Where the illegitimate parent is legally married to another person, their CPG or ACP cannot answer for support for the illegitimate child of one of them unless the parent has no adequate separate property, in which case support will be taken from the CPG or ACP subject to reimbursement.   

194. Support consists everything indispensable such as:  Dwelling (Natural Support)  Clothing (Natural Support)  Medical attendance (Natural Support)  Education (Civil Support) - Includes schooling or training even beyond the age of majority  Transportation (Civil Support) - Expenses going to and from school/work  Keeping financial capacity of the family When Support Ceases: a. Death of the obligor b. Resources of the obligor have been reduced c. Recipient no longer needs the allowance for his subsistence d. Recipient committed acts ground for disinheritance e. Brothers & Sisters not legitimately related f. Legal separation, annulment Jurisdiction: RTC Art. 195. Who are obliged to support:

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Support not allowable when Child’s status is denied Husband not obliged to support adulterous child of wife A mother who abandoned her child is not entitled to support from the child Mer relationship is not the basis but imperative necessity is required Unborn child entitled to support - Needs final judgement by the lower court declaring that he is the father of the child Uncles and aunts do not have the duty to support their nephews or nieces whether legitimate or illegitimate

Art. 196. Brothers and sisters not legitimately related, whether full or half-blood are bound to support each other (xpn: being of age, causes of claimant’s fault) Art. 197. For the support of:  Legitimate ascendants & descendants  Legitimate or illegitimate brothers & sisters Only the separate property shall be answerable. If obligor has no separate property, the absolute community/conjugal partnership which shall be deducted upon the liquidation. Art. 198. During the proceedings for Legal Separation, Annulment, and Declaration of Nullity:  Support for the spouse and children

a. Spouses (PRIORITY) - Adulterous wife loses the right to be supported, but mere allegation of adultery is not enough.

shall be from the absolute community or conjugal partnership.

AFTER the Final Judgement:  Obligation of mutual support between spouses ceases. In case of Legal Separation, the court may order the guilty spouse to give support to innocent one.

Art. 199. Order of liability to support: 1. The Spouse 2. Descendants in nearest degree 3. Ascendants in nearest degree 4. Brothers and sisters

Art. 200. When there are two or more obligors:  Payment shall be divided between them in proportion to the resources of each In case of urgent need/special circumstances  The judge may order only one of them to support, with right of reimbursement from the other obligors. When there are two or more recipients  Obligor must give unless has no sufficient means, the order in Art. 199 shall be followed.  The child shall be preferred regardless legitimate, illegitimate or adopted, there be no distinction. Art. 201-202. Amount of support subject to change:  Not necessarily the exact amount needed by the recipient  Should be in proportion to the resources of the giver;  And necessities of the recipient  Shall be reduced or increased according to the necessities of the recipient and resources of the obligor.  Support to an Illegitimate, not more than that of a Legitimate.  Reduction of support should not affect vested rights  Past payments if excessive, cannot be offset or refunded  Husband not estopped from applying reduction, despite stipulation of waiver of right to move for additional decrease  Husband cannot be compelled to make payments in excess of sum provided in judgement Cases where alimony was reduced 1. Child became self-supporting 2. Child marries and went to live with

4. Wife not paying for child’s education and maintenance 5. Removal of children to a place inaccessible to defendant in violation of his visitation rights *Removal of children does not warrant elimination of children’s support*

Cases where alimony was reduced No showing of changed circumstances of financial condition between both parties. Art. 203. When support is demandable and when payable  demandable from the time the person who has a right to receive the same needs it for maintenance  Need for support cannot be presumed  Demand is judicial when a case for support is filed in court.  Judgement for support does not become dormant. X...