Persons and Family Relations

  Article 395           The provisions of the preceding article are understood to be without prejudice to the action or petition for inheritance or other rights which are vested in the absentee, his representatives or successors in interest. These rights shall not be extinguished save by lapse of time fixed for prescription. In the record that is made in the registry of real estate which accrues to the co-heirs, the circumstance of its being subject to the provisions of this article shall be stated. This law has something to do with the rules on succession. It says that if an absentee is called upon to inherit, his share shall accrue to his co-heirs, as a rule. Illustration: A and B are married. They have three (3) children named X, Y, and Z. Upon the death of A, X, Y, and Z werecalled upon to succeed A, but X is an absentee. His share of   the estate of his father shall accrue to Y and Z. Accretion is a right by virtue of...

  Article 377           Usurpation of a name and surname may be the subject of an action for damages and other relief.   JOSEFINA ANG CHAY and MERCEDITA ANG CHAY, petitioners-appellees, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant. G.R. No. L-28507 July 31, 1970 Facts:           Paz Sta. Ana, a Filipino citizen, was the widow of one Jose Hernandez. She contracted marriage for the second time in 1934, with Alejandro Ang Chay, a Chinese. Of this second marriage, two daughters, Josefina Ang Chay and Mercedita Ang Chay, were born. In 1939, however the spouses Paz and Alejandro agreed to live separately from each other, with the two children remaining with the mother.           Paz enrolled the two girls in school as "Josefina Hernandez" and "Mercedita Hernandez". They graduated from college, obtained employment, paid income ta...

  Article 253           The foregoing rules in Chapters 2 and 3 hereof shall likewise govern summary proceedings filed under Articles 41, 51, 69, 73, 96, 124 and 217, insofar as they are applicable. MARIANO B. ARROYO, plaintiff-appellant, vs. DOLORES C. VASQUEZ DE ARROYO, defendant-appellee. G.R. No. L-17014, August 11, 1921 Facts:           Mariano and Dolores were married 1910. They lived together with a few short intervals of separation. In 1920, Dolores left their common home and decided to live separately from Mariano. Mariano induced Dolores to return home but the latter refused. Hence, Mariano filed a petition for permanent mandatory injunction requiring the Dolores to return to the conjugal home and live with him as a wife under pain of contempt. By way of defense, Dolores claimed that she was compelled to leave on the basis of cruel treatment on the part Mariano. She in turn...

  Article 235           The provisions governing emancipation by recorded agreement shall also apply to an orphan minor and the person exercising parental authority but the agreement must be approved by the court before it is recorded. SEVERINO SALEN and ELENA SALBANERA, plaintiffs-appellants, vs. JOSE BALCE, defendant-appellee. G.R. No. L-14414, April 27, 1960 Facts:           Plaintiffs are the legitimate parents of Carlos Salen who died from wounds caused by Gumersindo Balce, a legitimate son of defendant who was then single, 18 yrs old and was living with defendant. As a result of C. Salen's death, G. Balce was accused and convicted of homicide and was sentenced to imprisonment and to pay the amount of P2,000.00. Plaintiffs brought this action against defendant before CFI to recover the sum of P2,000.00, with legal interest. Defendant, in his answer, set up the defense that the l...

  Article 217           In case of foundlings, abandoned, neglected or abused children and other children similarly situated, parental authority shall be entrusted in summary judicial proceedings to heads of children’s homes, orphanages and similar institutions duly accredited by the proper government agency.           A foundling is an abandoned child, whose parents are unknown. A child left at the door of a private home or charitable institution by its mother in order to hide her shame because of extreme poverty so that the child may be reared as an act of charity, is a foundling. (Capistrano, Civil Code of the Phils., 1950 ed., p. 297).           An abandoned child is one who has no parental care or guardianship or whose parents or guardians have deserted him for atleast six (6) months. (Dempsey vs. Regional Trial Court, 164 SCRA 384). CH...

  Article 199           Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein provided:           1. The spouse;           2. The descendants in the nearest degree;           3. The ascendants in the nearest degree; and           4. The brothers and sisters. This is an enumeration of the order of liability in matters of support. Manresa reasoned out by saying that, since the obligation to support certain relatives rests primarily upon the requirements of human nature and the ties created by family relations, it is only logical that the obligation should first be imposed upon those who are closely related to the recipient and it is only in default of those nearer in degree...

  Article 181           The legitimation of children who died before the celebration of the marriage shall benefit their descendants. Rights even if the parents subsequently marry.           This law speaks of a situation where even if the child is already dead, if his parents would get married, the marriage would redound to the benefit of his own children. Illustration:                     X and Y are living together as husband and wife without the benefit of                          a marriage. They begot a child Z who married A. They have two children,                      ...

  Article 163           The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or illegitimate.     VICTORIA U. BALUYUT, MA. THERESA U. BALUYUT and MA. FLORDELIZA U. BALUYUT, all minors, represented by their mother and guardian ad litem, NORMA URBANO vs. FELICEDAD S. BALUYUT and HON. COURT OF APPEALS G.R. No. L-33659 June 14, 1990 Facts:           This is a petition for certiorari filed by Victoria, Ma. Theresa and Ma. Flordeliza, all surnamed Baluyut, then minors, represented by their mother and guardian ad litem, Norma Urbano, which seeks the reversal of the decision of the Court of Appeals in CA?G.R. No. 38069-R entitled "Felicidad S. Baluyut, Administratrix-Appellant v. Victoria U. Baluyut, et al., Intervenors-Appellees." The decision brought to this court for review reversed the decision of the Court of First Instance of Pampan...

  Article 145           Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of the consent of the other. To each spouse shall belong all earnings from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or her separate property. ELNA MERCADO-FEHR, vs. BRUNO FEHR G.R. No. 152716, October 23, 2003 Facts:           Herein petitioner, Elna Mercado, was married to, respondent, Bruno fehr. On January 30, 1998, their marriage was declared null and void on January 30, 1998 by the Regional Trial Court of Makati. The conjugal partnership of properties existing between the parties are dissolve. After careful scrutiny of the properties owned by the parties, one condominium unit became the subject of this petition. Suite 204 of the LCG condominium was pronou...

  Article 127           The separation in fact between husband and wife shall not affect the regime of conjugal partnership, except that: (1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported; (2) When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a summary proceeding; (3) In the absence of sufficient conjugal partnership property, the separate property of both spouses shall be solidarily liable for the support of the family. The spouse present shall, upon petition in a summary proceeding, be given judicial authority to administer or encumber any specific separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latter’s share. Effect of separation in fact of the spouses.           This law must ...