Article 364

By Francis Caparas

TITLE XIII

Use of Surnames (n) Article 364. Legitimate and legitimated children shall principally use the surname of the father.

Articles 163, 164 & 165

By : Jofenn Escalante

Art. 163. The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or illegitimate. (n)

Art. 164. Children conceived or born during the marriage of the parents are legitimate.

Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife, provided, that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. The instrument shall be recorded in the civil registry together with the birth certificate of the child. (55a, 258a)

Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code. (n)

Paternity and Filiation

– Refers to relationship or tie which exist between parents and their children.

-(New Family Code) Legitimate and Illegitimate children.

Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code. (n)

Paternity and Filiation

– Refers to relationship or tie which exist between parents and their children.

-(New Family Code) Legitimate and Illegitimate children.

Children conceived or born inside an annullable or voidable marriage are legitimate while those conceived and born inside a void marriage are illegitimate except as provided for in Art 54. of the Family Code

Types of Artificial Insemination

Homologous	Heterologous
Process by which the wife is artificially impregnated with the semen of her husband. AIH (Artificial Insemenation Husband)	Artificial insemination of the wife by the semen of a third party donor, AID (Artificial Insemination Donor)

Legitimate Children	Illegitimate Children
1.Conceived or born during valid marriage of the parents.	1. Conceived and born outside a valid marriage or inside a void marriage.

The law declares the status of a child, who is a product of artificial insemination, as a legitimate child of the husband and wife provided that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child and that the instrument is recorded in the civil registry together with the birth certificate of the child. If the written authorization or ratification contained in the public instrument was obtained through mistake, fraud, violence, intimidation, or undue influence, the husband may impugn the legitimacy of he child on these grounds.

Concepcion vs CA

FACTS:

1.Gerardo Concepcion, the petitioner, and Ma. Theresa Almonte, private respondent, were married in December 1989, and begotten a child named Jose Gerardo in December 1990.

2.The husband filed on December 1991, a petition to have his marriage annulled on the ground of bigamy since the wife married a certain Mario Gopiao sometime in December 1980, whom according to the husband was still alive and living in Loyola Heights, QC.  3.

3.Trial court ruled that the son was an illegitimate child and the custody was awarded to the wife while Gerardo was granted visitation rights.  Theresa argued that there was nothing in the law granting “visitation rights in favor of the putative father of an illegitimate child”.

4.She further wanted to have the surname of the son changed from “Concepcion to Almonte”, her maiden name, since an illegitimate child should use his mother’s surname.  After the requested oral argument, trial court reversed its ruling and held the son to be not the son of Gerardo but of Mario.  Hence, the child was a legitimate child of Theresa and Mario.

ISSUE:

W/N Gerardo Conception is the legitimate father of their son?

HELD:

Considering that Theresa’s marriage with Gerardo was void ab initio, the latter never became the former’s husband and never acquired any right to impugn the legitimacy of the child.  Theresa’s contention was to have his son be declared as not the legitimate child of her and Mario but her illegitimate child with Gerardo.  In this case, the mother has no right to disavow a child because maternity is never uncertain.  Hence, she is not permitted by law to question the son’s legitimacy.  Under Article 167 of the Family Code, “the child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress”.  Having the best interest of the child in mind, the presumption of his legitimacy was upheld by the Court.  As a legitimate child, the son shall have the right to bear the surnames of Mario and Theresa, in conformity with the provisions of Civil Code on surnames.  Gerardo cannot then impose his surname to be used by the child, since in the eyes of the law, the child is not related to him in any way.

Article 225

Chapter 4. Effect of Parental Authority Uponthe Property of the Children
Art. 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 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)

Article 226

By: Jay R. Bautista

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)

EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILDREN

OWNERSHIP OF CHILD’S PROPERTY

The child himself owns the property acquired by him or her through his or her work or industry and shall be primarily used for his own welfare, support and education. However, being a part of a family which the state seeks to strengthen, if the child’s property is more than sufficient to maintain the said child, the said properties may be used to defray the collective daily needs of the family.

It must likewise be emphasized that a child is obliged to support his or her parents in accordance with Article 195 of the Family Code and from his or her separate property can be taken the support to be given to the parents if the same needs it and if the child can afford it.

Article 227

By Francis Caparas

Art. 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)

ARTICLE III

By Joseph C. Palacol

Section 7. Inter-Country adopton as the last resort – The Board shall ensure that all possibilities for adoption of the child under the family code have been exhausted and that inter-country adoption is in the best interest of the child. Towards this end, The Board shall set up the guidelines to ensure that steps will be taken to place the child in the Philippines before the child is placed for inter-country adoption: Provided however, that the maximum number that may be allowed for foreign adoption shall not exceed six hundred(600) a year for the first (5) years.

GUIDELINES

               The law provides that the broad shall set up guidelines to ensure that  steps will be taken to place the child in the Philippines before the child is placed for inter-country adoption. The guidelines are precisely those provided in the Rules and Regulations. However, from time to time, the Board can modify the rule provided that they are not inconsistent with the law. The matter of the placement of the child depends largely on the placement committee and licensed local child-caring-placing-agencies and accredited foreign adoption agencies. The rules have provisions on this point.

 

ARTICLE V

PLACEMENT COMMITTEE

SECTION 11. COMPOSITION. – The matching of a child to a foreign adoptive family

shall be approved by the Board upon the recommendation of a Committee which shall

have five (5) members composed of a child psychiatrist or psychologist, a medical

doctor or pediatrician, a lawyer, a registered social worker and a representative of a

non-governmental organization engaged in child welfare activities.

The Board shall appoint qualified persons who shall serve in the Committee for a

term of two (2) years which may be renewed.

SECTION 12. FUNCTIONS OF THE COMMITTEE. – The Committee shall have the

following functions:

(a) carry out an integrated system and network of selection and matching of

applicants and children;

(b) recommend to the Board approval of applications and matching proposals, and;

(c) perform such other functions and duties as may be prescribed by the Board.

SECTION 13. ALLOWANCES OF COMMITTEE MEMBERS. – A Committee member

shall receive an honorarium of One Thousand Pesos (P1,000.00) for each meeting

actually attended; Provided, that the total amount of honorarium that a member may

receive shall not exceed Four Thousand Pesos (P4,000.00) a month.

SECTION 14. RULES OF PROCEDURE. – Subject to the approval of the Board, the

Committee shall fix its own internal rules and procedures including the selection of its

chairperson.

SECTION 15. MEETINGS. – The Committee shall meet regularly or upon the call of

the Board.

ARTICLE VI

LICENSING AND ACCREDITATION

SECTION 16. LOCAL CHILD CARING AND CHILD PLACING AGENCIES. – Only local

child caring and placing agencies licensed and accredited by the Department and with

personnel and facilities to undertake a comprehensive child welfare program shall be

accredited by the Board to participate in the intercountry adoption program.

SECTION 17. FOREIGN ADOPTION AGENCIES. – No foreign adoption agency shall be

allowed to participate in the Philippine inter-country adoption program unless it is

granted by the Board an accreditation in its own name. The accreditation from the

Board shall be issued upon submission of the following requirements:

(a) A license and/or accreditation or authorization from its government to operate as

an adoption agency to carry out inter-country adoptions;

(b) Name and qualifications of the members of the board of directors, senior officers

and other staff involved in inter-country adoption;

(c) Detailed description of its programs and services, researches and publications;

(d) Audited financial report including sources of funds, adoption fees and charges;

(e) Undertaking under oath that it shall assume responsibility for the selection of

qualified applicants; that it shall comply with the Philippine laws on inter-country

adoption; that it shall inform the Board of any change in the foregoing information;

and shall comply with post adoption requirements as specified by the Board, and;

(f) Such other requirements which the Board may deem necessary in the best interest

of the child.

Authentication of the aforementioned documents shall be made by either the official

designated by the Philippine embassy or consulate in the country where the foreign

adoption agency operates or the authorized official of the embassy or consulate in the

Philippines of the country where the foreign adoption agency operates.

SECTION 18. LIAISON SERVICES. – Only a non-profit licensed and accredited child

caring or child placing agency shall be allowed to serve as a representative of a foreign

adoption agency and subject to prior approval by the Board based on specific

requirements.

The Board shall periodically review the liaison services and may terminate any such

service when, after a thorough evaluation, the agency is proven to have violated the

requirements under these Rules. The agency concerned shall be given prior notice as

provided for in Section 22.

SECTION 19. RENEWAL OF ACCREDITATION. – The Board shall re-accredit

previously accredited foreign adoption agencies in order to ensure that all pertinent

requirements for proper inter-country adoption are current and valid. The Board shall

inspect the facilities of the foreign adoption agency once every four (4) years but may

require periodic reports.

SECTION 20. FEES. – No fees or charges of any kind shall be charged in connection

with licensing and accreditation under the Act.

ARTICLE VII

SUSPENSION OR REVOCATION OF LICENSE OR ACCREDITATION

SECTION 21. GROUNDS. – The Board shall suspend or revoke the license or

accreditation issued to a child caring or child placing agency or foreign adoption

agency on any of the following grounds:

(a) Imposing or accepting directly or indirectly any consideration, money, goods or

services in exchange of an allocation of a child in violation of the Rules;

(b) Misrepresenting or concealing any vital information required under the Rules;

(c) Offering money, goods or services to any member, official or employee or

representative of the Board, to give preference in the adoption process to any

applicant;

1. d) Advertising or publishing the name or photograph of a child for adoption to

influence any person to apply for adoption except special homefinding for hard-toplace

children;

(e) Failure to perform any act required under the Rules that results in prejudice to the

child or applicant;

(f) Appointing or designating any liaison or agent without prior approval of the

Board;

(g) Engaging in matching arrangement or any contact to pre-identify a child in

violation of the Rules, or;

(h) Any other act in violation of the provisions of the Act, the Rules and other related

laws.

SECTION 22. WHO MAY INITIATE ACTION TO SUSPEND OR REVOKE LICENSE OR

ACCREDITATION. – The Board, motu proprio upon receipt of any information

regarding any violation or irregularity or upon receipt of complaint under oath or

request for investigation, may conduct initial inquiries and upon being satisfied that

the report, complaint or request for investigation has legal and factual basis, shall

require the agency concerned to answer within fifteen (15) working days from receipt

of notice, furnishing the agency concerned with a copy of the complaint or a brief

statement of the report or request.

SECTION 23. PROCEEDINGS FOR SUSPENSION OR REVOCATION. – Upon receipt of

the answer or failure to receive an answer within the required period, the Board shall

conduct a hearing or investigation and decide according to the evidence. Depending

upon the gravity of the violation charged or if the agency shall fail to answer, the Board

suspend any dealings with the agency concerned during the pendency of the

investigation.

SECTION 24. ACTION OF THE BOARD. – Upon termination of the investigation, the

Board shall dismiss the charge or suspend or revoke the license or accreditation of the

agency concerned, if the evidence so warrants.

The Board’s decision shall be sent to the agency concerned, the Department, the

regulatory agency of the state or country where the agency operates and the

Department of Foreign Affairs.

Articles 407, 408, 409 & 410

By Robinson Manaig

Article XVI. Civil Registry

Article 407

Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register.

This provision of the law specifies that all dispositions and resolutions of cases by the Family Courts shall be recorded at the Civil Registry.

Art. 408. The following shall be entered in the civil register:

(1) Births;
(2) marriages;
(3) deaths;
(4) legal separations;
(5) annulments of marriage;
(6) judgments declaring marriages void from the beginning;
(7) legitimations;
(8) adoptions;
(9) acknowledgments of natural children;
(10) naturalization;
(11) loss, or (12) recovery of citizenship;
(13) civil interdiction;
(14) judicial determination of filiation;
(15) voluntary emancipation of a minor; and
(16) changes of name. (326a)

Art. 409. In cases of legal separation, adoption, naturalization and other judicial orders mentioned in the preceding article, it shall be the duty of the clerk of the court which issued the decree to ascertain whether the same has been registered, and if this has not been done, to send a copy of said decree to the civil registry of the city or municipality where the court is functioning. (n)

Art. 410. The books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained. (n)

 

Article 411 & 412

By: Christelle B. Amil

Article 411. Every civil registrar shall be civilly responsible for any unauthorized alteration made in any civil register, to any person suffering damage thereby. However, the civil registrar may exempt himself from such liability if he proves that he has taken every reasonable precaution to prevent the unlawful alteration.

Article 412. No entry in a civil register shall be changed or corrected, without judicial order.

Republic Act No. 9048

Article 412 has been amended by R.A. No. 9048. The complete text of the said act is set out in the discussion under Article 376. R.A. No. 9048 deals with the corrections in the civil registry which involve merely typographical or clerical errors just like the concept of Article 412.

Administrative or Judicial Proceeding

Typographical and/or clerical errors can be corrected administratively through the office of the local civil registrar by filling necessary verified petition by any person having direct and personal interest in the correction. A change in the entries in the civil registrar must always pass through a judicial proceeding except for clerical or typographical errors or change in the name or nickname of a person.

Article 413

By: Evelyn Balaoro

TITLE XVI

CARE AND EDUCATION OF CHILDREN

ARTICLE 413.  All matters pertaining to the registration of civil status shall be governed by special laws.

Is there a need to register our important documents to our Civil Registry? 

Explanations:

YES, The Act Numbered 3753, otherwise known as the Civil Registry Law, provides for the registration of the documents evidencing the acquisition or termination of a particular civil status such as legitimation, adoption, change of name, marriage, termination of such marriage and others.

Article 413 also stated that documents pertains to civil status must be registered and must governed by our laws.

Article 381, 382 & 383

By Edwin C Nesortado

CHAPTER 1

Provisional Measures in Case of Absence

Article 381. When a person disappears from his domicile, his whereabouts being unknown, and without leaving an agent to administer his property, the judge, at the instance of an interested party, a relative, or a friend, may appoint a person to represent him in all that may be necessary. This same rule shall be observed when under similar circumstances the power conferred by the absentee has expired. (181a)

When a person disappears from his domicile, his whereabouts being unknown, and without leaving an agent to administer his property, the judge, at the instance of an interested party, a relative, or a friend, may appoint a person to represent him in all that may be necessary.

This same rule shall be observe when under similar circumstances the power conferred by the absentee has expired. (181a)

The administration of the property in the absence of the owner may be determined by the court to institute a lawful representative to administer the property in issue. Relatives, friends or any appropriate party upon determination by the court may be appointed for the said purpose. This same rule shall also be applicable when under the same circumstances the power conferred by the absentee expires.

Article 382. The appointment referred to in the preceding article having been made, the judge shall take the necessary measures to safeguard the rights and interests of the absentee and shall specify the powers, obligations and remuneration of his representative, regulating them, according to the circumstances, by the rules concerning guardians. (182)

Article 383. In the appointment of a representative, the spouse present shall be preferred when there is no legal separation. If the absentee left no spouse, or if the spouse present is a minor, any competent person may be appointed by the court. (183a)