[Finals] - 7 topics Flashcards

Question

Effect of Death of the Owner of the FH

Answer 1

FH shall continue to be protected despite the death of one or both of the spouses, UHotf for - 10 years, or - or *longer* as long as there is a **minor beneficiary** unless court finds compelling reasons

Answer 2

The prohibition on partition depends on how the partition is done [EXTRA-JUDICIALLY] - prohibited for 10 years - or longer if there is a **minor beneficiary** [JUDICIALLY] - same prohibition EXCEPT if the court finds **compelling reason** to order the partition

Answer 3

ctsmed Support compromises everything **INDISPENSABLE** for clothing, transportation, sustenance, medical attendance, education, & dwelling

Answer 4

the ff: are bound to support each other 1. the spouses 2. **legitimate** ascendants & descendants 3. parents & their legitimate children and the legitimate & illegitimate children of the latter 4. parents & their **IL**legitimate children & their legitimate & illegitimate children of the latter 5. legitimate B & S, whether full or half-blood 6. B&S NOT legitimately related whether full or half-blood

Answer 5

1. they are **illegitimate** B&S 2. one demanding support is of **legal age** 3. reason for his need for support is his **own negligence/fault**

Answer 6

only the SEPARATE property shall be answerable

Answer 7

the ACP/CPG shall **advance the support**[ARM] which shall be deducted from the share of the spouse obliged during the liquidation of the ACP/CPG

Answer 8

the payment of support shall be **divided** between them **in proportion to the resources** of each only upon **DEATH** [or] **INCAPACITY** will the obligation to support devolve to the next

Answer 9

Both Luke & Martin (descendants nearest degree) as they are in the same line or order. They shall divide between themselves in proportion to their resources

Answer 10

The order of preference is GR: 1. the spouse 2. the descendants in nearest degree 3. ascendants in nearest degree 4. brothers & sisters XPN: between Spouse [and] child subject to parental authority, the **child** is prioritized

Answer 11

1. the time the **need for maintenance** arises, and

Answer 12

1. from date of **judicial** or **extra-judicial** demand. 2. Without such, a person is not compelled to pay support in arrears as no demand amounts to **waiver of support** by not demanding

Answer 13

1. by paying allowance fixed 2. **receiving & maintaining** in the FH the person who has the right to receive support XPN(2): in case there is a **Moral** or **Legal** obstacle thereto Legal - illegitimate father does not have parental authority over the illegitimate child but **solely** on the mother.

Answer 14

Shall be in proportion to the **resources/means** of the giver [and] to the **necessities** of the recipient which is the exception of the rule on **Immutability of Judgment** where once judgement attains finality, it can no longer be altered.

Answer 15

refer to the relationship that exists between parents & their children

Answer 16

Paternity (maternity) - civil status of the father (mother) to the child Filiation - civil status of the child to the father

Answer 17

1. children **Conceived** [or] **Born** DURING the marriage of the parents 2. children [C/B] **BEFORE** finality of; - judgment of *annulment* - *DANM* on the ground of **Art. 36** 3. Children [C/B] of the subsequent (2nd) VALID marriage under **Art. 41**, provided C/B took place BEFORE recording of **Affidavit of Reappearance** of the absent spouse 4. Children [C/B] of the 2nd marriage under **Art. 53** 5. Children [C/B] **DURING** valid marriage to a wife by another man are [*PRESUMED*] legitimate children of the H&W (**Concepcion v . CA) ——————————————————- Children **conceived** as a result of **Artificial Insemination** (AI) provided AI authorized in a *written instrument* Adopted children Legitimated children

Answer 18

In the case of **Concepcion v. CA** GR: any child C/B in a valid marriage to a wife & another man is *presumed* to be the legitimate child between the H&W XPN: unless the Husband successfully **impugns** the child's legitimacy with the effect that; - child will become illegitimate to the wife - child no relation to the husband

Answer 19

1. children C [**AND**] B without benefit of marriage, subject to **legitimation** 2. Children C**&**B **inside** a void marriage, except; - void under Art. 36 - void under Art. 53 3. Children C [**or**] B during valid marriage of the wife but fathered by a man other than husband, where husband *successfully impugn the child's legitimacy*

Answer 20

1. It was **PHYSICALLY IMPOSSIBLE** of the husband to have sex w/ his wife w/in the *first* **120 days of the 300 days** which immediately preceded (before) birth of the child because; - **physical incapacity** of the husband to have sex with wife (IMPOTENT) - fact that H&W were **living separately** *in such a way that sex was not possible* - **serious illness** of the husband, which absolutely prevented sex 2. That it is proved that for **biological** or other scientific reasons, the child *could not have been that of the husband*, except Art. 164 (2); A.I. 3. In cases of children conceived through AI, the **written authorization** or **written ratification** of either parent was obtained through [*mfvu*] mistake, fraud, violence, intimidation, undue influence

Answer 21

1. Husband 2. Husband's heir if; - husband dies BEFORE **expiration of the period** fixed to bring his action - husband dies AFTER **filing of the complaint & husband did not desist** from the action - If the child is born AFTER the death of the husband XPN-XPN: wife of husband CANNOT impugn her own child

Answer 22

Art. 170. Action to impugn the legitimacy of the child shall be brought: 1. **within one (1) year** from; - the **knowledge of birth**, [or] - its **recording** in the civil register, if the husband/his heirs should **reside in the city or municipality** where the birth took place or was recorded 2. if the husband [or], all of his heirs do NOT reside at the **place of birth** as defined in the 1st paragraph [or] it was recorded, the period shall be **two (2) years** if they should **reside in the philippines** 3. three (3) years if abroad 4. if the *BIRTH* of the child was; - **concealed**, or - **unknown** to the husband/his heirs, the period shall be counted **FROM DISCOVERY/KNOWLEDGE** of the birth of the child/fact of registration of said birth, whichever is earlier

Answer 23

No, legitimacy canNOT be attack collaterally but only through a direct attack (Jinkie & Jacqueline de Jesus v. Estate of Juan Dizon) Nor can it be collaterally attacked in a **quieting of title** action *Tison v. Dezoller) Nor can it be collaterally attacked in a criminal proceeding (BBB v. AAA February 9, 2015)

Answer 24

The child born out of adultery is presumed to be legitimate subject to the husband impugning its legitimacy

Answer 25

FACTS - Danilo de Jesus and Carolina Aves de Jesus were legally married, and they had two children, Jinkie and Jacqueline - Juan Dizon, not the husband of Carolina de Jesus, exexcuted a document where he **acknowledge to be the illegitimate father** - The sisters wanted a share of the substantial properties as illegitimate daughters so they were *impugning their own legitimacy* in an action for partition (collateral attack) in spite of the valid marriage between Danilo & Carolina De Jesus. SC ruled: - persons who can impugn the legitimacy of a child are the father and his heirs in the exceptional cases - legitimacy cannot be attacked collaterally

Answer 26

Rule**s** on Action to **Impugn Legitimacy** does NOT apply when the issue involves the paternity [**AND**] maternity FACTS: - housemaid forged a birth certificate making it appear that H&W gave birth to a certain Teofista Babiera - the Spouses died and the legitimate daughter impugn the legitimacy of Teofista - Teofist raised the following defenses 1. No personality to question because only the **father/heirs** can do so 2. action to cancel birth certificate amounts to a **collateral attack** which is prohibited 3. period for impugning her legitimacy has **prescribed** RULING: Defenses invoked are only relevant an action to impugn legitimacy where only the paternity is the dispute. In this case, it was both parents

Answer 27

The Rules of Impugning Legitimacy applies ONLY to cases where a child's legitimacy is being challenged as illegitimate however the case allegation revolves around her being an *ampon* (adopted child) thus the rules are not to be applied FACTS - Procesco & Esperanza Cabatbat adopted a certain Violeta - Esperanza died - Esperanza's sisters filed an action to **partition** the estate & alleged that Violeta was **not the biological child** so she may not be an heir - Violeta claimed to be a legitimate child RULING: SC did not apply the rules on impugning legitimacy

Answer 28

[a] action to **compel recognition of legitimate filiation** [b] action to compel recognition of being illegitimate

Answer 29

[PRIMARY] 1. **Record of Birth** in the Civil Register 2. Final Judgment 2. admission of legitimate filiation in a **public document** [OR] a private handwritten instrument [and] signed by the parent concerned [SECONDARY]; *admissible only in absence of primary proof* 1. **Open & Continuous possession** of the status of legitimate child 2. Any other means allowed by the RoC [and} Special Laws 3. DNA test results

Answer 30

Yes, this proof of filiation is sufficient

Answer 31

No, if there is a dispute as to the status of being a legitimate child of a deceased parent, this will require court action.

Answer 32

For a BC to establish paternity it must *EITHER* 1. be **signed** by the putative father, or 2. putative father **had a hand** in its preparation like when; - provided the info entered (Ilano v. CA) - caused registration of the BC (Arado v. Alcoran)

Answer 33

No, it does not fall under par. 3 nor any kind of primary evidence or proof of legitimate filiation

Answer 34

[Signature Indispensable] - where the PHI is the **lone piece of evidence** submitted to prove filiation, [Signature Corroborative] - accompanied by **other relevant & competent** evidence,

Answer 35

Child living together with the putative parent for a considerable amount of time Child regularly supported by the putative parent

Answer 36

1. Acts or **Declaration of Pedigree** (R130, S41, RoE) - relative testified deceased putative parent admitted you are il/legitimate/ 2.**Family reputation** or **tradition regarding pedigree* ("x" S42) - uncle testified he is the brother of your **deceased putative father** and uncle knows that you are his nephew because you are the child of his brother now deceased 3. **Common Reputation** ("x" S43) - a witness testify in court that he is a neighbor of your putative parent & for the longest time, it has been known in the community that you're their child

Answer 37

1. non-paternity 2. **corroborative evidence** of paternity 3. **disputable presumption** of paternity

Answer 38

While both il/legitimate filiation allows the same kind of proof of evidence (primary/secondary) they vary in **prescription** [*Legitimate Filiation Prescription*] GR: filed while that child/adult is alive XPN: when he dies during **minority** [or] **state of insanity**, the *HEIRS* may take his place **w/in (5) years** from death - [**child died in state of insanity**], first step is to **appoint guardian** and the guardian can now initiate the action for legitimacy [Illegitimate] GR: during lifetime XPN: if what is offered is **secondary proof**, it can ONLY be filed *during* the lifetime of the **putative parent** XPN JP: Hilario v. Belloc — can establish illegitimate filiation even when dead

Answer 39

Since this is an action for legitimacy, it is irrelevant whether or not the putative parent dies & it also does not bar the action with secondary evidences in contrast if it were for an action of illegitimacy, while primary evidence can be used at the lifetime of the child, if what it is secondary, then it depends on the lifetime of the putative parent

Answer 40

1. **bear the surname** of the father & mother, 2. **to receive support** from their parents, their ascendants, in proper case, their brothers & sisters 3. **to be entitled to the legitime & other successional rights**

Answer 41

1. Use of **surname of their mother** 2. Use of surname of **father** if their filiation has been **expressly recognized** by the father through the - record of birth appearing, - admission in a public document/PHI by the father 3. To be under the *parental authority* of their MOTHER 4. Entitled to **support** in conformity w/ the FC 5. Entitled to their **legitime**

Answer 42

GR: Illegitimate Children have NO middle name XPN: 1. IC is **legitimated** by the subsequent marriage of her parents 2. **acknowledged** by the father in a public document/PHI 3. I.C. is **adopted** by her **biological father**

Answer 43

Recognition made by the **illegitimate father** in a record of birth, public instrument, or PHI gives the I.C. an **option to use his illegitimate father's surname** but it is NEVER IMPOSED. Not mandatory nor demandable

Answer 44

Children **conceived [AND] born** outside of wedlock of parents who, - at the time of CONCEPTION, were NOT disqualified by any impediment to marry each other [or] - disqualified by an impediment but ONLY BECAUSE either or both were below 18 y/o

Answer 45

1. Child **conceived [and] born** OUTSIDE a valid marriage 2. At conception, his parents were not disqualified by any impediment to marry or the disqualification was because either or both parents were below 18 3. Said parents subsequently entered into a valid marriage

Answer 46

1. **bear surname of father & mother** 2. **receive support** from their parents, their ascendants, proper case, their brothers and sisters 3. **entitled to legitime & other successional rights**

Answer 47

Shall retroact from the time of the *child's BIRTH*

Answer 48

legitimation of children who died before the celebration of the marriage shall **benefit their descendants** After his death & parents eventually got married, it will still produce legitimation. Hence a dead child will be considered legitimate. Thus he is entitled to rights available to legitimate children and the benefit will accrue to their descendants

Answer 49

the descendant of the deceased legitimated child who died before the marriage of his parents shall be entitled to inherit from the deceased parents by **right of representation** GPT 1. if IC dies before parents marry, they can still be legitimated retroactively after marriage of their parents 2. if the parents of this deceased legitimated child later die, the deceased child's own children inherit through **representation** because the deceased child is now considered legitimate from birth ex. - Mario & Maria are parents to IC, Luigi - Luigi has 2 children: Marco & Sophia - Luigi dies before his parents Mario & Maria marries - Mario & Maria marries - Mario & Maria dies after marrying - Luigi, since legitimated has right to inherit but since he is dead, his children (Marco & Sophia) can inherit from Mario & Maria through right of representation

Answer 50

only by those who are **prejudiced in their rights** within (5) years from the time their cause of action accrues (that is, time of death of parents) ex. If child conceived & born illegitimate, the elevation of the status of that illegitimate child to legitimate will affect successional rights of the legitimate children.

Answer 51

involves a **MASS OF RIGHTS & OBLIGATIONS** which the law grants for the purpose of the children's - **physical** preservation & development - cultivation of their **intellect**, and - education of their **hearts & senses**

Answer 52

GR: joint parental authority applying only to **married** parents [and] **legitimate** children XPN: Substitute Parental Authority Special Parental Authority

Answer 53

Remedy is to go to court on the grounds that the decision of the father exercising PA is [*sis*] **serious, important, and substantial**

Answer 54

1. death or absence does NOT terminate the PA of the **present/surviving parent** over the minor child 2. neither will remarriage of the surviving spouse terminate the PA *unless* the court appoints another person to be guardian

Answer 55

Yes, in case where the father is absent like when he works abroad, the mother now has sole PA. His absence does not terminate the PA

Answer 56

PA over shall be exercised by the parent **designated by the court** 1. **choice of the child rule**; court takes consideration between who to appoint to exercise PA 2. **maternal preference rule**: Mother exercises PA since child under (7) is not separated unless court finds compelling reasons [3] Only the Illegitimate Mother has PA over the I.C. and none on the Illegitimate father

Answer 57

**Maternal Preference Rule** applies to both legitimate & ILLEGITIMATE (even when the mother is already the sole PA) it is relevant during a **"tie-breaker"** if custody is contested between other potential **GUARDIANS**

Answer 58

- showing of **positive & clear evidence** of the unfitness of the mother - **sound determination/discretion** of the court [2] *UHD AI MIAN* Unemployment habitual drunkenness drug addiction abandonment immorality maltreatment insanity affliction of *communicable* disease neglect

Answer 59

GR: No, I.F. has no PA over illegitimate child so has no right of custody of MIC XPN: Yes, when the illegitimate mother is; - dead [or] incapacitated to care & maintain the MIC - person authorized to exercise **substitute parental authority** is dead/absent/incapacitated (Masbate v. Relucio)

Answer 60

**Substitute Parental Authority** which shall be exercised by (in accordance of order of preference): 1. surviving **grandparents** 2. oldest **B/S** over 21 unless unfit//disqualified 3. **child's actual custodian** over 21 unless unfit/disqualified 4. Illegitimate Father, in cases of Illegitimate Children (Masbate v. Relucio)

Answer 61

FACTS - I.M. went to Manila to pursue education and left MIC (below 3) to her grandmother - Eventually, the MIC was entrusted to the **custody of the I.F. - child taken by grandmother upon instruction of the I.M. so the I.F. filed a *petition for habeas corpus* to regain custody of MIC I.M. aruged Art. 176 that the MIC is **illegitimate** thus PA, including custody, must be exercised by her only RULING: Art. 176 provides that I.M. is vested w/ PA over minor illegitimate child HOWEVER, in the context of **substituted parental authority**, since **the father WAS THE ACTUAL CUSTODIAN of the MIC**, the SC recognized the right of the I.F. to exercise PA & custody over the MIC applying rule on SubPA IMO - order of preference was not followed for SubPA because of the **best interest of the child** and the mother, grandmother were unfit making Relucio a viable custodian

Answer 62

1. keep them in company xxx 2. love & affection xxx 3. guidance xxx 4. education xx 5. represent them xxx 6. demand respect xxx 7. impose discipline xxx 8. other duties impsed by law

Answer 63

1. Permanent Termination (Art. 228) - upon death - upon death of child - upon **emancipation of the child** 2. Non-Permanent Termination (aaaigf) - upon **adoption** of the child - upon appointment of general **guardian** - upon judicial declaration of **abandonment** - upon **final judgment** divesting party of PA -upon judicial declaration of **absence** [or] **incapacity** of the person exercising PA

Answer 64

1. conviction of a crime carrying **civil interdiction** 2. treating the child w/ **excessive harshness/cruelty** 3. giving the child **Corrupting Orders/Example** 4. compelling the child **to beg** 5. subjecting/allowing child to be subjected of **acts of lasciviousness**

Answer 65

Principle of **Vicarious Liability** or the **Doctrine of Imputed Negligence**

Answer 66

**Substitute Parental Authority** which shall be exercised by (in accordance of order of preference): 1. surviving **grandparents** 2. oldest **B/S** over 21 unless unfit//disqualified 3. **child's actual custodian** over 21 unless unfit/disqualified 4. Illegitimate Father, in cases of Illegitimate Children (Masbate v. Relucio)

Answer 67

When there is **no pre-existing contractual relation** between the parties however, in the case of **Orient Freight Int. Inc. v Keihin-Everett Forwarding Comp**, an act of negligence unrelated to the contractual obligations can give rise to liability under quasi-delict

Answer 68

1. Persons exercising **PA** or **SubPA** (216, 221, FC) 2. Persons exercising **SpecPA** (218,219)

Answer 69

1. both parents 2. *parent designated by court* 3. Mother

Answer 70

Yes, as in the case of **Masbate v. Relucio** where the father exercises SubPA under Art. 214 as the child' actual custodian over 21 y/o

Answer 71

FACTS: - Sps Rapisura adopted Bundoc. - Bundoc shot & killed Tamargo - Bundoc's natural parents claim the adopting parents be liable. - Bundoc was living with his natural parents RULING: The Natural Parents are liable because they had custody over the minor child Parental liability = parental authority

Answer 72

1. **Unemancipated child** (18-20 for purposes of Art. 2180) 2. UC is **living in the company** [and] **under the PA** of the persons vicariously liable 3. Act is the **proximate cause of the damage**

Answer 73

in the case of **Libi v. IAC**, a couple were both shot dead with a single gunshot wound ruling: liability of parents for quasi-delicts of their MC is **primary** applying Art. 2194, liability is solidary for joint tortfeasors (the minor child and the parents) 2194 "“The responsibility of two or more persons who are liable for quasi-delict is solidary.”

Answer 74

Yes, **Araneta v. Arreglado** the child is solidary liable SC ruled consistent with **Art. 2194 of the CC**

Answer 75

child **answerable with his own property** *where a guardian ad litem shall be appointed*

Answer 76

- observed diligence of a **good father of a family** to prevent damage

Answer 77

1. MC must be under the [*sic*] supervision, instruction, custody of the persons/entity exercising SpecPA acts covered: a. all **authorized activities** whether inside or outside of the premise of the school/institution b. case of **Amadora v. CA** - **legitimate objective** - exercise of a **legitimate student right** - and enjoyment of a **legitimate student privilege**, 2. proximate cause (St. Mary’s Academy c. Carpitanos) then then responsibility of the school over the student continues

Answer 78

[a] principally & solidarily liable principally - they are to be sued first and cannot pass it to anyone solidarily - should there be 2 or more, they are liable as if they are one (teacher, school, etc) [b] SC ruled that parents in Sub & SpecPA in the case of **Sps. Palisoc v. Brillantes** is their liability is subsidiary [c] under *JP*, the MC is **also liable SOLIDARILY** with those exercising SpecPA (??)

Answer 79

Pal & Daf were classmates & got into a fistfight where Pal stumbled, fell, and died head of Manila Technical Institute (MTI) are liable **jointly & severally** for damages to Spouses Palisoc for the death of their son at the hands of Daffon The basis of their liability is the principle of **locus parentis** (that's why teachers are the "2nd parents") which makes SpecPA liable to an extent when they exercise reasonable supervision over the conduct of the child

Answer 80

In relation to requisites for liability to attach to persons exercising specPA, **the minor child must be under the supervision, instruction, or custody** of persons exercising specPA Facts: Amadora classmates with Damon in USJR few days before their graduation. Damon shot & killed Amadora. School claimed that Amadora was no longer in their custody since the semester has ended Ruling: Custody is not synonymous with the semester; as long as it can be shown that the student is **within the premises** in pursuance of a; - **legitimate objective** - exercise of a **legitimate student right** - and enjoyment of a **legitimate student privilege**, then then responsibility of the school over the student continues whether the semester has ended or not *note*: even while relaxing in campus w/ classmates or enjoying the ambiance of the atmosphere, he is still w/in custody

Answer 81

insofar as liability of persons exercising SpecPA, specifically the act committed/ of omission considered as negligent was **the proximate cause** of the injury becase the negligence must have a causal connection to the accident FACTS: The school conducted an enrollment drive visiting other schools. James, 15 drove and resulted in the death of his classmate. Investigator reported during trial that the steering wheel of the jeep detached Ruling" proximate cause of an injury is that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. In this case, the parents of Sherwin failed to show that the proximate cause of the accident was the negligence of the school authorities. They admitted that the immediate cause of the accident was not the negligence of SMA or the reckless driving of James, but the detachment of the steering wheel guide of the jeep. Hence reliance on Art. 219, of the Family Code is unfounded. Registered owner of any vehicle, even if not used for public service, would primarily be responsible to the public or to third persons for injuries caused the latter while the vehicle was being driven on the highways or streets.

Answer 82

If child **below 18**: apply 218,9,21, FC if **above 18 below 21** - **2180 NCC apply**

Answer 83

11642 - **administrative** in nature going to national authority for child care (NACC) not required to go to court to adopt - proceeding undertaken in the PH for the Filipino child - adopters residing in the Philippines 8043 - **judicial** - process is taken abroad only that the child is Filipino - adopters are foreigners [or] Filipinos permanently residing abroad - **only allowed if all efforts of domestic has failed**. *note* process/proceeding - (petition for, trial custody, issuance/order of adoption)

Answer 84

**filing an application for adoption** with the RACCO (Regional **Alternative** Child Care Office) [or] the accredited foreign agency who will supervise the proceedings/process 2. NACC participation is minimal, in that, - they examine supporting docs of applicant - applicants possess all qualifications & no disqualifications 3. Upon verification of the NACC, the process will be taken to the foreign counterpart TN: - domestic & intercountry involve **matching process** (you dont get to choose kids) - process/proceeding - (petition for, trial custody, issuance/order of adoption)

Answer 85

Ex. you offer to adopt the child of your sister who cannot take care of it. in your application for adoption, you will specify the child you will adopt

Answer 86

[1. FILIPINO citizen] who; - at least 25 - **at least 16 yrs older than adoptee** - possess **full** civil capacity & legal rights - not **convicted** of any crime involving moral turpitude [5. **Foreign Nationals**] who are **permanent/habitual residents** of Phil for **at least 5 years** possessing same qualifications prior to filing. PROVIDED they come from a country with **diplomatic relations** with RP [and] acknowledges the Cert of Adoption as valid and allow entry of the child - good moral character & can model the same - emo & psych capable of caring children - in position to support & care adopted children [2. legal guardian] with respect to the **ward** AFTER termination of guardianship & clearance of financial accountabilities. [3. legal guardians] with respect to **foster child** [4. Phil. Gov't Officials & Ees deployed abroad] provided they bring the child with them

Answer 87

- adopter is BIOLOGICAL parent of the adoptee, or - spouse of the adoptee's parent

Answer 88

requirement of residency may be waived for the ff 1. **FORMER** FILIPINO citizen, **HABITUALLY** residing in the Phil seeking to adopt a **relative w/n 4th civil degree** of consanguinity/affinity 2. person adopting a **legitimate** child of the FILIPINO spouse 3. person MARRIED to a FILIPINO citizen & seeks to adopt **JOINTLY** w/ the spouse a relative w/in 4th civil degree of C/A of the Filipino spouse

Answer 89

1. one seeks to adopt the **legitimate child of the other** 2. one seeks to adopt **his own illegitimate child**; provided the other spouse has consented 3. if spouses are **LEGALLY** separated from each other *note* 1 - from previous marriage so no need for joint adoption 3 - de facto is not enough

Answer 90

1. any child issued with a **CDCLAA** 2. **legitimate** child of one spouse by the other 3. **illegitimate** child by a **qualified adopter** to improve status of legitimacy 4. **FILIPINO OF LEGAL AGE**, if prior adoption, said person has been consistently considered & treated by adopters as their own child for a period of **at least 3 years** 5. a **foster** child 6. child whose adoption has been **previously rescinded** 7. child whose biological [or] adoptive parents have died; but no proceeding shall be initiated w/in **6** months from death of said parents 8. a **relative of the adopter** - Martin, a qualified adopter, decides to adopt his niece, 12-year-old Sophie, whose parents are unable to care for her due to extreme poverty.

Answer 91

- adoptee (10>) - biological parents - legal guardian - gov't instrumentality - legitimate children (10>) - ILlegitimate IF under PA of the Ers - already adopted children (10>) - spouse of adopter - spouse of adoptee 1. adopt**ee, if 10 y/o or above** 2. **biological parents** if known, **legal guardian**, or proper **gov't instrumentality** which has **LEGAL CUSTODY** of the child, [*except*] the adoptee is a filipino Legal Age 3. **legitimate** & **adopted children 10 or above** of the adopters 4. **illegitimate** children, 10 or over **IF** living with the adopter [or] whom adopter exercises PA [and] the **SPOUSE** if any 5. **Spouse** of the person adopting or spouse of the adoptee

Answer 92

1. **administrative recourse** - **MR** to **NACC through executive director** w/in (15) calendar days from an Order denying adoption 2. **judicial recourse** - **Appeal** Order of Adoption to the CA w/in (10) days from receipt of order [*or*] from denial of MR

Answer 93

1. [Benefits of Adoptive Parents] - all the benefited entitled to biological parents from the date of the **Order of Adoption** was issued (Maternity & Paternity **leaves**); PROVIDED, availed only within (1) year from issuance of order PROVIDED FURTHER, leave benefits do NOT apply in case of - **adult adoptions** [and] - in ALL cases where adoptive child has been in the care & custody of the adoptive parents for at least (3) three years BEFORE issuance of Order of Adoption by NACC 2. [Legitimacy] - Ee shall be considered a **legitimate child** with all rights & obligations provided by law to *without discrimination of any kind* - legitimate filiation BETWEEN Er & Ee **shall extended to the Er's parents, Er's siblings, & Er's LEGITIMATE descendants** - Er has the right to choose the name of the child, consistent with **best interest of the child** 3. [Parental Authority] - from issuance of OA (order of adoption), *adoption shall cease as ALTERNATIVE CARE and become PARENTAL CARE*. - Ers shall have FULL PA over Ee - all legal ties between bio parents and Ee shall be severed [*exc*] in cases where biological parent is the spouse of the Er, - joint PA shall be exercised in case spouses jointly adopt or if one spouse adopts the legitime child of the other 4. [Succession] - Upon *FINALITY* of adoption which RETROACTS from Filing of Adoption, - Er & Ee shall have **reciprocal rights of succession** in TESTATE & INTESTATE succession.

Answer 94

Generally, No there will be NO INTESTATE succession anymore since the relational ties has been legally severed unless the biological parents assign or executes testate succession or will naming their biological child as one.

Answer 95

Based on the previous law, I can no longer inherit because I am a stranger to the grandfather in this situation However the law now expands the legal relationship with the family of my **adoptive parents** such that my father's father is now my grandfather legally. In this case, I can inherit by **right of representation**

Answer 96

No, the expansion does not apply to the relatives to the child so the children of Mike are not the grandchildren of Ben's father thereby no standing to ask for legal support.

Answer 97

[A] 1. petition by the adopt**ee** w/ NACC [or] w/ assistance of the **SWDO** if; - Ee is a minor, or - Ee is 18 y/o or over but is **incapacitated**,or - by his **guardian** on **grounds committed by the Ers** [B] - RACCO where Ee resides [C] 1. **repeated** physical or verbal maltreatment by Er despite having undergone counseling 2. **attempt** on life of Ee 3. **abandonment & failure** to comply w/ parental obligations

Answer 98

**Disinherit** the adoptee on grounds provided in **Art. 919** of the NCC

Answer 99

1. if Ee still a child, NACC will regain **legal custody**; reciprocal obligation of Er and Ee is extinguished 2. if **biological parents** can prove they can support the BIC (best interest of the child), they MAY petition NACC to restore **PA** over the child 3. NACC orders CRG (civil registrar general) to **cancel the amended birth certificate** [and] **restore original birth certificate of the Ee** 4. successional rights shall REVERT to its status PRIOR adoption from the time of the **approval of petition for rescission of adoption**. However, **vested rights** acquired BEFORE rescission shall be respected. 5. foregoing effects of rescission shall be **without prejudice** to the penalties in the RPC

Answer 100

"Hence, there is no law prohibiting an **illegitimate child** adopted by her natural father to use as middle name her mother's surname." LB: *In the matter of the adoption of Stephanie Garcia*

Answer 101

(1) Illegitimate children **MAY** use the surname of the **father** IF their filiation has been expressly recognized thru; - record of birth appearing in the Civil Registrar, or - public admission or PHI made by the father (Art. 176) [2] - No, it is **discretionary on part of the child** as ruled in the case of **Torrefranca v. City Civil Registrar** where SC ruled "just how the use of fahter's surname is discretionary on the acknowledged illegitimate, so too, is the use of the use of his mother's surname"

Answer 102

she **MAY** use; 1. her **maiden first name** [and] **surname** [and] add her husband's surname (Diana Velasco-Gravador), or 2. her MFN [and] her husband's surname (Diana Gravador) 3. Her **husband's full name** [but] prefixing indicating she is the wife (**Mrs. Waldo Gravador)

Answer 103

1. if the wife is the **guilty party**, she SHALL resume her **MFN & Surname** 2. if the wife is the **innocent spouse**, she **MAY** resume her MFN & Surname

Answer 104

1. the court decrees otherwise, or 2. she marries another [**or**] her former husband marries another

Answer 105

wife **SHALL** continue using her name & surname BEFORE L.S.

Answer 106

a widow **may** use the deceased husband's surname as though he were still living as follows; 1. her MFN & Surname & late husband's surname, [OR] 2. MFN & late husband's surname 3. Her late husband's full name [but] prefixed indicating she is his wife "Mrs. Waldo Grava"

Answer 107

be obliged to use such additional name / surname as to avoid confusion

Answer 108

1. add a **middle name** [or] **mother's surname**, or 2. add **roman numerals II, III** and so on

Answer 109

GR: (r103 & r108) change of name can only be done through judicial order (Rule **103; Change of Name**) [Rule **108 Cancellation/Correction of Entries of Entries in the Civil Registry**] XPN: (RA 10172) the change in name may be changed through an **administrative process** - clerical / typographical errors - change in **first name** or nickname - **day & month** in date of birth - sex when **patently clear** that there was clerical / typographical error or mistake in entry XPN-XPN (RA 10172) Requires Judicial and not administrative - status - **year** of birth - nationality

Answer 110

File a correction of entry under rule 108 judicially including name and gender

Answer 111

1. take in the child and be the one to take care of the child 2. GR. option is given to person obliged to support so if the **mother refuses without justification**, you CANNOT be compelled to give allowance because you exercise your choice XPN: when there is **moral** or **legal** obstacle to exercise the 2nd, like if the child is illegigimate, then sole PA is the legitimate mother then that's a moral or legal obstacle. you have to pay the allowance.

[Finals] - 7 topics Flashcards

(136 cards)