Civil Law (2nd 30)

1) To bear the surnames of the father and the mother

2) To receive support from them, from their ascendants, and in a proper case from their brothers and sisters

3) To the legitimate and other successional rights provided in the Civil Code

What are the rights entitled to legitimate children?

Through the subsequent marriage between the parents

When can legitimation take place?

1) In cases of rape, abduction, or seduction when the period of the offense coincides more or less with that of the conception

2) When the child is in continuous possession of status of a child of the alleged father by the direct acts of the latter or of his family

3) When the child was conceived during the time when the mother cohabited with the supposed father

4) When the child has in his favor any evidence or proof that the defendant is his father

What are the cases in which the father is obliged to recognize the child as his natural child?

Support

It is everything that is indispensable for sustenance, dwelling, clothing, and medical attendance, according to the social position of the family.

1) Upon the death of the recipient

2) When the sources of the obligor have been reduced to the point where he cannot give support without neglecting his own needs and those of his family

3) When the recipient may engage in a trade, profession, or has obtained work, or has improved his fortune in such a way that he no longer needs the allowance for his subsistence

4) When the recipient, be he a forced heir or not, has committed some act which gives rise to disinheritance

5) When the recipient is a descendant, brother or sister of the obligor and the need for support is caused by his or her bad conduct or by the lack of application to work, so long as this cause subsists

When shall the obligation to give support cease?

Guardian Ad Litem

A legal term meaning “for the lawsuit,” which refers to a temporary court-appointed representative for a minor in a specific case.

Support and Education

According to the Civil Code of the Philippines Art. 323., the income of a child’s property is first used for the expenses of _____ and _____ before it can be utilized to pay debts that have benefited the family.

1) Death of either the parent or child

2) Emancipation

3) Adoption

4) Appointment of a general guardian

Parental authority can be extinguished upon:

18 years old

The age of majority begins at age ___, granting them full civil capacity unless there are specific legal exceptions.

Emancipation

A legal process wherein a minor is freed from parental authority, granting them certain adult rights and responsibilities.

1) Marriage

2) Reaching the age of majority

3) Parental concession

A minor can be emancipated through:

Adoption

A legal process where a permanent parent-child relationship is established between a child and an adoptive parent, granting them the same rights and obligations as biological filiation.

Sixteen (16)

According to the Civil Code, any person of any age can be adopted as long as the adopter is at least ___ years older than the adoptee.

Republic Act No. 11642 , the Domestic Administrative Adoption and Alternative Child Care Act

The Republic Act changed the process of adoption in the country by removing the need for a court hearing and creating a specific government agency, the National Authority for Child Care, to oversee such a process.

Teachers and Professors

This person assumes substitute parental authority over students, but only in school-related matters.

Father’s surname

If a marriage is annulled but the child was conceived before the annulment, whose surname will the child use?

Father’s surname

If a marriage is annulled but the child was conceived before the annulment, whose surname will the child use?

Maiden name

If the wife was the guilty party in an annulment, the surname rule states that she must use her

Civil Register

This refers to the official government record of vital events affecting a person’s legal status, including births, deaths, marriages, legal separations, annulments, adoptions, etc.

Republic Act No. 9048

This Republic Act now allows Filipinos to fix minor errors (e.g., misspelled names or typos) in birth certificates, marriage certificates, and other civil registry documents without going to court.

Usufruct

This refers to the legal right that allows someone to use and enjoy another person’s property without owning it.

Usufructuary

The person with the right can use the property and its benefits.

Civil Fruits

_____ are considered to accrue daily and belong to the usufructuary in proportion to how long the usufruct lasts.

Lease

Usufruct is always a real right. ____ becomes a real right only if registered.

1) Law

2) A person's will, and

3) Prescription

Usufruct can be constituted by what?

Natural or Industrial fruits

Growing at the time the usufruct begins, this belongs to the usufructuary.

Abnormal Usufructs

Where the usufructuary does not have the obligation of preserving the form and substance of the property that is the object of the usufruct.

Caucion Juratoria

This is a situation where the person with the usufruct (right to use the property) cannot provide the required bond or security. Instead, they can ask the court to allow them to use the house, furniture, or tools necessary for their work or family without providing any bond or security.

Usufructuary is responsible

Who is responsible for ordinary repairs or those required by the wear and tear due to the natural use of the thing and are indispensable for its preservation?

The naked owner of the property is responsible

As for extraordinary repairs, or those which are neither required by the wear and tear due to the natural use of the thing nor are indispensable for its preservation, who is responsible?