A:
SUBSTITUTE PARENTAL AUTHORITY
SPECIAL PARENTAL AUTHORITY Exercised in case of:
DAU
1. Death, 2. Absence, or 3. Unsuitability of
parents.
1. Exercised concurrently with the parental authority of the parents;
2. Rests on the theory that while the child is in the custody of the person exercising special parental authority, the parents temporarily relinquish parental authority over the child to the latter.
Q: What is the liability of persons exercising special parental authority over the child?
A: They are principally and solidarily liable for damages caused by the acts or omissions of the child while under their supervision, instruction or custody.
Note: Parents, judicial guardians or those exercising substitute parental authority over the minor are subsidiarily liable for said acts and omissions of the minor.
D. EFFECTS OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILDREN
Q: Who exercises legal guardianship over the property of an unemancipated child?
A: The father and the mother, jointly, without need of court appointment.
Note: In case of disagreement, the father’s decision shall prevail unless there is a judicial order to the contrary.
Q: When is a parent required to post a bond?
A: If the market value of the property or the annual income of the child exceeds 50,000 Php.
Note: The bond shall not be less than 10% of the value of the property or annual income. (Art. 225, FC)
Q: What are the kinds of properties of a minor?
Distinguish.
A:
ADVENTITIOUS PROSFECTITIOUS 1. Earned or
acquired by the child through his work or industry by onerous or gratuitous title;
2. Owned by the child;
3. Child is also the usufructuary, but the child’s use of the property shall be secondary to all collective daily needs of the family;
4. Administered by the parents.
1. Property given by the parents to the child for the latter to administer;
2. Owned by the parents;
3. Parents are usufructuary;
4. Property administered by the child.
Q: What are the rules regarding the use of the child’s property?
A:
3. The property of minor children shall be devoted to their support and education unless the title or transfer provides otherwise.
4. The parents have the right to use only the fruits and income of said property for the following purposes:
a. Primarily, to the child’s support;
b. Secondarily, to the collective daily needs of the family.
Q: What is the rule on disposition and encumbrance of the child’s property?
A: The parents, as legal guardians of the property of their minor children, do not have the power to dispose or encumber the property of the latter, such power is granted by law only to a judicial guardian of the ward’s property, and even then, only with the court’s prior approval, secured in accordance with the proceedings set forth under the Rules of Court.
Q: What is the rule on lease of property belonging to minor children?
A:
GR: The parents, as legal guardians of the minor’s property, may validly lease the same, even without court authorization,
because lease has been considered as an act of administration.
XPNS: Court authorization is required if:
1. If the lease will be recorded in the Registry of Property;
2. If the lease is for a period of more than one year, because this is already deemed an act of dominion.
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U N I V E R S I T Y O F S A N T O T O M A S F a c u l t a d d e D e r e c h o C i v i l
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
E. SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY
Q: When is parental authority terminated?
A:
1. Permanent: DED a. Death of parents;
b. Emancipation of the child;
c. Death of child.
2. Temporary: AGA FIA – it may be revived a. Adoption of the child;
b. Appointment of general Guardian;
c. Judicial declaration of Abandonment;
d. Final judgment divesting parents of PA;
e. Incapacity of parent exercising PA;
f. Judicial declaration of Absence.
Q: What are the grounds for suspension of PA?
A: CHAIN B
1. Gives Corrupting orders, counsel and example;
2. Treats child with excessive Harshness and cruelty;
3. Subjects/allows child be subjected to Acts of lasciviousness;
4. Conviction of crime with penalty of civil Interdiction ;
5. Culpable Negligence of parent or person exercising PA;
6. Compels child to Beg.
Note: If the person exercising PA has subjected the child or allowed him to be subjected to Sexual Abuse, he/she shall be permanently deprived of PA.
Q: When may the suspension be revoked and parental authority revived?
A: There must be a case filed for the purpose or in the same proceeding if the court finds that the cause therefore had ceased and will not be repeated.
GR: Parental authority and responsibility are inalienable and may not be transferred and renounced.
XPN: In case authorized by law.
Note: Parents may exercise authority over their children’s property.
XI. EMANCIPATION
Q: How does emancipation take place?
A: By attainment of majority at the age of (18) eighteen years.
Q: What are the effects of emancipation?
A:
1. Parental authority over the person and property of the child is terminated 2. Child shall be qualified and responsible
for all acts of civil life, save exceptions established by existing laws.
3. Contracting marriage shall require parental consent until the age of (21) twenty one.
4. The responsibility of parents or guardians for children and wards below (21) twenty‐one under the second and third paragraphs of Art.2180 of the Civil Code shall not be derogated.
XII. SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW
Q: What are the matters subject to summary proceedings?
A:
1. Petition for judicial authority to administer or encumber specific separate property of the abandoning spouse.
2. Petition for an order providing for disciplinary measures over a child.
3. Petition for approval of bond of parents who exercise parental authority over the property of their children.
4. Judicial declaration of presumptive death.
5. Action of a child for delivery of presumptive legitime
6. Judicial determination of family domicile in case of disagreement between the spouses
7. Objection of one spouse as to the profession of the other.
8. Action entrusting parental authority over foundlings, abandoned, neglected or abused children to heads of institutions.
9. Annulment by wife of the husband's decision in the administration and enjoyment of community or conjugal property.
10. Appointment of one of the spouses as sole administrator but only when the other spouse is absent, or separated in fact, or has abandoned the other or the consent is withheld. ( Uy v. CA, G.R. No.
109557, November 29, 2000 )
Q: How shall matters subject to summary proceedings be decided?
A: All cases requiring summary court proceedings shall be decided in an expeditious manner, without regard to technical rules.
Q: W filed a petition with the RTC under the rules on Summary Judicial Proceedings in the Family Law provided for in the Family Code, for the declaration of the presumptive death of her absent spouse, H, based on the provisions of Art.
41 of the Family Code, for purposes of remarriage. After trial, the RTC rendered a decision declaring the presumptive death of H.
The Republic received a copy of the decision on Nov 14, 2001. Subsequently, the Republic filed a Notice of Appeal on Nov 22, 2001. The RTC held that the appeal was filed within the reglementary period and thus, elevated the records to the Court of Appeals. However, the Court of Appeals denied the Republic’s appeal and accordingly affirmed the appealed RTC decision.
Did the Court of Appeals acquire jurisdiction over the appeal on a final and executory judgment of the RTC?
A: No. In Summary Judicial Proceedings under the Family Code, there is no reglementary period within which to perfect an appeal, precisely because judgments rendered thereunder, by express provision of Art. 247, Family Code, are
“immediately final and executory”. An appellate court acquires no jurisdiction to review a judgment which, by express provision of law, is immediately final and executory. The right to appeal is not a natural right nor is it a part of due process, for it is merely a statutory privilege.
Since, by express mandate of Article 247 of the Family Code, all judgments rendered in summary judicial proceedings in Family Law are
“immediately final and executory”, the right to appeal was not granted to any of the parties therein. The Republic, as oppositor in the petition for declaration of presumptive death, should not be treated differently. It had no right to appeal the RTC decision of November 7, 2001. The RTC's decision was immediately final and executory upon notice to the parties. (Republic v.
Bermudez‐Lorino, G.R. No. 160258, January 19, 2005)
Note: However, an aggrieved party may file a petition for certiorari to question abuse of discretion amounting to lack of discretion. (Republic v. Tango, G.R. No. 161062, July 31, 2009)
XIII. FINAL PROVISIONS
Q: What is the rule on the retroactivity of the Family Code?
A:
GR: The Code shall have retroactive effect.
XPN: No retroactivity if it would prejudice vested rights.
Q: What is a vested right?
A: Some right or interest in property that has become fixed or established, and is no longer open to doubt or controversy. Rights are vested when the right to enjoyment, present or prospective, has become the property of some person as present interest.
XIV. FUNERAL
Q: What are the rules regarding funeral?
A: General Guidelines:
1. Duty and right to make arrangements in funerals in accordance with Art. 199, FC:
a. Spouse,
b. Descendants in the nearest degree, c. Ascendants in the nearest degree, d. Brothers and Sisters;
2. Funeral shall be:
a. in keeping with the social position of the deceased,
b. in accordance with the expressed wishes of the deceased,
c. In absence of the expressed wishes, his religious beliefs or affiliation shall determine;
3. Any person who disrespects the dead or allows the same shall be liable for damages;
4. If the deceased is married, the tombstone or mausoleum is deemed part of the funeral expense and chargeable against the community property or conjugal partnership property.
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U N I V E R S I T Y O F S A N T O T O M A S F a c u l t a d d e D e r e c h o C i v i l
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
XV. USE OF SURNAMES
Q: What are the grounds for change of name which have been held valid?
A: CLEARED
1. One has Continuously used and been known since childhood by a Filipino name and was unaware of alien parentage;
2. The change results as a Legal consequence, as in legitimation;
3. There is a sincere desire to adopt a Filipino name to Erase signs of former alienage, all in good faith and without prejudicing anyone;
4. The change will Avoid confusion;
5. The name is:
a. Ridiculous,
b. Extremely difficult to write or pronounce,
c. Dishonorable.
Q: The petition filed by the parents in behalf of their minor son Julian Lin Carulasan Wang sought the dropping of the latter's middle name,
"Carulasan." The parents averred that their plan for Julian to study in Singapore and adjust to its culture necessitates the drop since in that country, middle names or the mother's surname are not carried in a person's name. They therefore anticipate that Julian may be subjected to discrimination on account of his middle name, which is difficult to pronounce in light of Singapore's Mandarin language which does not have the letter "R" but if there is, Singaporeans pronounce it as "L." Should the petition for the dropping of his middle name be granted?
A: No. Petitioners’ justification for seeking the change in the name of their child, that of convenience, was characterized by the Supreme Court as amorphous, to say the least, and would not warrant a favorable ruling. As Julian is only a minor and has yet to understand and appreciate the value of any change in his name, it is best that
the matter be left to his judgment and discretion when he reaches legal age.
The State has an interest in the names borne by individuals and entities for purposes of identification, and that a change of name is a privilege and not a right, such that before a person can be allowed to change the name given him either in his birth certificate or civil registry, he must show proper or reasonable cause, or any compelling reason which may justify such change.
Otherwise, the request would be denied. (In Re:
Petition for change of name and/or correction/cancellation of entry in civil registry of Julian Lin Carulasan Wang, G.R. No. 159966, Mar.
30, 2005)
Note: The touchstone for the grant of a change of name is that there be proper and reasonable cause for which the change is sought.
Q: Can a person change his registered first name and sex on the basis of a sex reassignment?
A: No. Before a person can legally change his given name, he must present proper or reasonable cause or any compelling reason justifying such change. In addition, he must show that he will be prejudiced by the use of his true and official name. Under the Civil Register Law, a birth certificate is a historical record of the facts as they existed at the time of birth. Thus, the sex of a person is determined at birth, visually done by the birth attendant (the physician or midwife) by examining the genitals of the infant.
Considering that there is no law legally recognizing sex reassignment, the determination of a person’s sex made at the time of his or her birth, if not attended by error, is immutable.
(Silverio v. Republic, G.R. No. 174689, Oct. 22, 2007)
Q: What are the procedural requirements for a petition for change of name?
A:
1. 3 years residency in the province where the change is sought prior to the filing;
2. Must not be filed within 30 days prior to an election;
3. Petition must be verified.
Q: What is the Rule with regard to the use of surname by a child who is (1) legitimate, (2)