Title 6: Paternity and Filiation  Art.

196: Half-Siblings must also provide support

 Art. 197: When Separate Properties Liable for support
Chapter 1: Legitimate Children (Art. 163-171)  Art. 198: Support during LegSep proceedings
 Art. 199: Order: Who must provide support
 Art. 163: Types of Filiation
 Art. 200: How to divide obligation for support
 Art. 164: Who are legitimate Children?
 Art. 201: Support in proportion to [Needs of recipient, Resources of Giver] 195; 196.
 Art. 165: Who are NOT legitimate Children (Who are illegitimate Children)
 Art. 202: What is support based on: [Needs of recipient, Resources of Giver]
 Art. 166: Legitimacy of Child (from mother) may not be impugned (XPNs)
 Art. 203: Demand of Obligation, when in delay?
 Art. 167: Child Considered Legitimate even if mother says otherwise (Presumption of
 Art. 204: How to fulfil support? (2)
Legitimacy)
 Art. 205: Right to Receive support: may not be attached/executed
 Art. 168: Children born within 300 days when Subsequent Marriage (Presumptions)
 Art. 206: Support given to by “Stranger”; reimbursement of stranger
 Art. 169: Burden of Proof when impugning using Art. 169
 Art. 207: If person obligated to give support, but does not: 3 rd person may provide;
 Art. 170: Prescription of Action to Impugn; Husband has right to impugn
reimbursement.
 Art. 171: Heirs may impugn on the death of Husband who has the right to impugn;
 Art. 208: Voluntary Support (Above and beyond what is required by law)
Rules regarding impugn
Title 9: Parental Authority
Chapter 2: Proof of Filiation
Chapter 1: General Provisions:
 Art. 172: Proof of Filiation (Primary and Secondary proofs)
 Art. 173: Action to claim Legitimacy of Child (by the Child)  Art. 209: What is Parental Authority
 Art. 174: Rights of Legitimate Children (3)  Art. 210: Parental Authority: May not be renounced
 Art. 211: Who exercises Parental Authority? Father prevails XPN: Court says otherwise
Chapter 3: Illegitimate Children
 Art. 212: If death of one of the Parents + Remarriage (New sps has no parental
 Art. 175: Proof of Illegit Filiation (Same as 173, XPN: 172, Secondary Proofs: During authority over child from previous marriage)
Lifetime of Alleged Parent)  Art. 213: Separation of Parents: Court shall decide custody
 Art. 176: Right of Illegit Children (4)  Art. 214: Parental Authority by Grandparents if no suitable parent
 Art. 215: Filial Privilege Rule: Cannot be compelled to testify (Not Art. 151)
Chapter 4: Legitimated Children
Chapter 2: Substitute and Special Parental Authority
 Art. 177: Who are Legitimated Children?
 Art. 178: How to do Legitimation  Art. 216: If parents unsuitable: Substitute Parental Authority (In order) (3)
 Art. 179: Right of Legitimated Children  Art. 217: Foundlings, abandoned, neglected children: Who shall have Parental Authority?
 Art. 180: Retroactivity of Legitimation (Children’s homes, Orphanages, etc)
 Art. 181: Legitimation of Children in re: death of Legitimated Child and his Heirs  Art. 218: Special Parental Authority (School, etc)
 Art. 182: Who, when Legitimation may be impugned?  Art. 219: Liability for school: of acts caused by

Title 7: Adoption Chapter 3: Effect of Parental Authority upon the persons of the Children.

 RA 8043: Inter-Country Adoption Act of 1995  Art. 220: Rights and Duties of People as Parental Authority
 RA 8552: Domestic Adoption Act of 1998  Art. 221: Liabilities of People with Parental Authority
 Art. 190: Legal or intestate succession to estate of adopted (Rules)  Art. 222: Appointment of Guardian
 Art. 223: Incorrigible children may be brought to court; if dismissed, person with
Title 8: Support parental authority loses parental authority.
 Art. 224: Commitment of Child to Children’s homes (Art. 80 or RPC)
 Art. 194: What is support?
 Art. 195: Who must provide support Chapter 4: Effect of Parental Authority upon the Property of the Child

1
 Art. 225: Parental Authority over Properties of Child  Art. 253: Chap. 2 & 3 (Art. 239-252) Applicable to Art. 41, 51, 69, 73, 96, 124, 127 if
 Art. 226: What happens to the Properties of the Child they are applicable

Chapter 5: Suspension or Termination of Parental Authority Title 12: Final Provisions

 Art. 228: Permanent Termination of Parental Authority (3)  Art. 254: Repeals
 Art. 229: Revival of Parental Authority  Art. 255: Separability Clause
 Art. 230: Civil Interdiction Effects  Art. 256: Retroactivity Clause: So long there are no vested rights prejudiced
 Art. 231: Grounds for loss of Parental Authority  Art. 257: Effectivity Clause
 Art. 232: Sexual Abuse (subjected or allowed): Permanent Loss
 Art. 233: Substitute PA v Special PA [Back to New Civil Code]
 RA 7610
Title 13: Use of Surnames
Title 10: Emancipation and Age of Majority (Art. 235, 237 repealed by RA 6809)
 Art. 364: Right of Legit/Legitimated Children to Use Father’s Surname
 Art. 234: Age of Emancipation: 18 (Amended by RA 6809)  Art. 365: Adopted Child uses Surname of Adopter
 Art. 236: Effects of Emancipation on Parental Authority  Art. 366-367: Repealed by RA 9255
 Art. 368: Illegitimate Children shall bear surname of the mother (RA 9255: MAY
Title 11: [Procedural] Summary Judicial Proceedings in the Family Law (Directory) use the surname of the father if child is recognized)
 Art. 369: Children Conceived prior to Annulment decree: use Father’s Surname
Chapter 1: Prefatory Provisions  Art. 370: Married woman may use name (3)
 Art. 371: Annulment of Marriage: If woman Guilty Party; If woman Innocent Party +
 Art. 238: Rules for Family Court
XPNs to if Woman Innocent party
Chapter 2: Separation in Fact  Art. 372: LegSep: Still use Married Name (Cos still married, just separated)
 Art. 373: Widow may use husband’s surname (Vda de xxx)
 Art. 239: Separation in Fact Summary Proceedings  Art. 374: Same names and surnames: younger must use additional name/surname to
 Art. 240: SepFact: Damages avoid confusion
 Art. 241: Jurisdiction: FamCourt/ RTC  Art. 375: Junior (Jr.) for: 1) Male, 2) Son. Grand son must use Middle Name/Mother’s
 Art. 242: Authority over Separate Property surname/ Add Roman Numeral
 Art. 243: Preliminary Conferences  Art. 376: Name/ Surname Change: Judicial Authority required.
 Art. 244: Non-Appearance of Parties: Investigation  Art. 377: Usurpation of name: Action for Damages + other reliefs
 Art. 245: Proceedings will continue Ex-parte  Art. 378: Unauthorized use of name/surname: Right of action
 Art. 246: Rules on Trial of Family Court  Art. 379: Pen/Stage Names: Permitted (if in good faith) + no injury to 3rd persons.
 Art. 247: No Appeals (FamCourt decision: Final immediately)  Art. 380: No person shall use different name/surname
 Art. 248: Petition for Judicial Authority over Property (Art. 96, 124 FC)
Title 14: Absence
Chapter 3: Incidents involving Parental Authority
Chapter 1: Provisional Measures in case of Absence (Presumption of Absence)
 Art. 249: Verified Petition for Parental Authority (Art. 223, 225)
 Art. 250: Where Petition verified and filed?  Art. 381: What is absence?; Effect of Presumed Absence on Rights of Absentee; Who
 Art. 251: Notification of Parties involved with Parental Authority may represent Absentee
 Art. 252: Chap. 2 (Art. 239-248) also applies when applicable  Art. 382: Judge shall take necessary measures to safeguard rights of Presumed
Absentee.
Chapter 4: Other matters Subject to Summary Proceedings  Art. 383: Appointment of Representative: Spouse preferred; if no spouse: Any
competent person

2
Chapter 2: Declaration of Absence Title 10: Funerals

 Art. 384: When Absentee absent: May be declared absentee in: (2 years); if left person  Art. 305: Who makes funeral Arrangements? (Relative in order established for support)
in charge (5 years) (Art. 195); If Descendants (Oldest sibling); If Ascendants (Paternal)
 Art. 385: Who may ask for declaration of Absence: (4)  Art. 306: Funeral in keeping with Social Position of Family
 Art. 386: When Judicial Declaration of Absence takes effect? (6mos after publication in  Art. 307: Funeral in accordance with 1) wishes of deceased; 2) religious/affiliated
Newspaper of GC) beliefs; If in doubt, person (305) shall decide.
 Art. 308: Human Remains: Not to be moved without consent of People in Art. 305
Chapter 3: Administration of Property of Absentee:  Art. 309: Damages: Disrespect of dead; rise for damages
 Art. 310: Mausoleum: Part of Funeral Expenses; Chargeable against Conjugal Properties
 Art. 387: Administrator of Absentee’s property (383: Wife; if none, any competent)
(If Spouse)
 Art. 388: Wife appointed administrator: Cannot perform acts of ownership (XPN: Judicial
Authority)
 Art. 389: Grounds for Cessation of Administration over property of Absentee (3)

Chapter 4: Presumption of Death

 Art. 390: Ordinary Absence (Presumption of Death) (7 years, 10 for succession

purposes)
 Art. 391: Extraordinary Absence: 4 years (3)
 Art. 392: Effects on Property by Reappearance of Absentee: recover property in
condition found; no right to claim fruits/rents

Chapter 5: Effect of Absence Contingent on the Rights of the Absentee:

 Art. 393: Burden of Proof on those alleging the Existence of Presumed dead (in regards
to rights) During the suspected death
 Art. 394: Succession of Presumed Dead person: Rights accrue to co-heirs, XPN: if he has
heirs/assigns; Must make inventory of property
 Art. 395: Above provisions: without prejudice to action/petition rights vested in
absentee/successors.
 Art. 396: Those Entered into Inheritance of presumed dead person + [in good faith]:
appropriate the fruits. XPN: when absentee appears/representatives bring proper action

Title 16: Civil Register

 Art. 407: What should be RECORDED in Civil Register (3) (Acts, Events, Judicial Decrees
for Civil Status)
 Art. 408: What shall be ENTERED in Civil Register: (16)
 Art. 409: Duty of Clerk of Court if LegSep, Adoption Naturalization, other Judicial
Orders: Send copy to Civil Registry
 Art. 410: Books in Civil Register: Prima Facie Evidence
 Art. 411; Civil Register Civilly Liable if Unauthorized Alteration (by person suffering
Damage); XPN: If Civil Registrar: taken reasonable precaution
 Art. 412: No change in Entry of Civil Register; XPN: Judicial Orders
 Art. 413: Civil Status Registration: Governed by Special Laws