TITLE VI of the former marriage, these rules shall govern in the absence of proof to the
PATERNITY AND FILIATION contrary:
Chapter 1. Legitimate Children
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)
Art. 166. Legitimacy of a child may be impugned only on the following
grounds:
 If the husband or, in his default, all of his heirs do not reside at the
(1) That it was physically impossible for the husband to have sexual
intercourse with his wife within the first 120 days of the 300 days which
immediately preceded the birth of the child because of:
(a) the physical incapacity of the husband to have sexual intercourse with his
wife;
(b) the fact that the husband and wife were living separately in such a way that
sexual intercourse was not possible; or
 Art. 171. The heirs of the husband may impugn the filiation of the child within
(c) serious illness of the husband, which absolutely prevented sexual
intercourse;
(2) That it is proved that for biological or other scientific reasons, the child could
not have been that of the husband, except in the instance provided in the
second paragraph of Article 164; or
(3) That in case of children conceived through artificial insemination, the
written authorization or ratification of either parent was obtained through
mistake, fraud, violence, intimidation, or undue influence. (255a)
Art. 167. The child shall be considered legitimate although the mother may
have declared against its legitimacy or may have been sentenced as an
adulteress. (256a)
 Art. 168. If the marriage is terminated and the mother
contracted another marriage within three hundred days after such termination
(1) A child born before one hundred eighty days after the solemnization of the
subsequent marriage is considered to have been conceived during the former
marriage, provided it be born within three hundred days after the termination
of the former marriage;
(2) A child born after one hundred eighty days following the celebration of the
subsequent marriage is considered to have been conceived during such
marriage, even though it be born within the three hundred days after the
termination of the former marriage. (259a)
Art. 169. The legitimacy or illegitimacy of a child born after three hundred days
following the termination of the marriage shall be proved by whoever alleges
such legitimacy or illegitimacy. (261a)
Art. 170. The action to impugn the legitimacy of the child shall be brought
within one year from the knowledge of the birth or its recording in the civil
register, if the husband or, in a proper case, any of his heirs, should reside in
the city or municipality where the birth took place or was recorded.
place of birth as defined in the first paragraph or where it was recorded, the
period shall be two years if they should reside in the Philippines; and three
years if abroad. If the birth of the child has been concealed from or was
unknown to the husband or his heirs, the period shall be counted from the
discovery or knowledge of the birth of the child or of the fact of registration of
said birth, whichever is earlier. (263a)
the period prescribed in the preceding article only in the following cases:

(1) If the husband should died before the expiration of the period fixed for
bringing his action;
(2) If he should die after the filing of the complaint without having desisted
therefrom; or

(3) If the child was born after the death of the husband. (262a)
-Presumption of legitimacy if born within a valid marriage
-Status of children conceived thru artificial insemination, requisites
-Grounds, period to impugn legitimacy of the child, and who may impugn
-Absence of proof-presumption of filiation if marriage is terminated and
wife contracts a subsequent marriage within 300 days from termination
-When may heirs impugn legitimacy of child in lieu of father
BADUA v. CA 299 S 468
BARBIERA v. CATOTAL 333 S 499
DE JESUS v. HEIRS OF DIZON 366 S 499
LIYAO, JR. v. TANHOTI-LIYAO 378 S 563
CONCEPCION v. CA 08/31/2005
ONG v. DIAZ 540 S 480
Chapter 2. Proof of Filiation
(Primary and secondary proofs whether legitimate or illegitimate)
Art. 172. The filiation of legitimate children is established by any of the
following:

(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private
handwritten instrument and signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall
be
 proved by:

(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special laws. (265a,
266a, 267a)
Art. 173. The action to claim legitimacy may be brought by the child during his
or her lifetime and shall be transmitted to the heirs should the child die during
minority or in a state of insanity. In these cases, the heirs shall have a period
of five years within which to institute the action.
Art. 174. Legitimate children shall have the right:

(1) To bear the surnames of the father and the mother, in conformity with the
provisions of the Civil Code on Surnames;
(2) To receive support from their parents, their ascendants, and in proper
cases, their brothers and sisters, in conformity with the provisions of this Code
on Support; and

(3) To be entitled to the legitimate and other successional rights granted to
them by the Civil Code. (264a)
 Chapter 3. Illegitimate Children

Art. 175. Illegitimate children may establish their illegitimate filiation in the
same way and on the same evidence as legitimate children.
The action must be brought within the same period specified in Article 173,
except when the action is based on the second paragraph of Article 172, in
which case the action may be brought during the lifetime of the alleged parent.
(289a)
FERNANDEZ v. CA 230 S 130
Art. 176. Illegitimate children shall use the surname and shall be under the
parental authority of their mother, and shall be entitled to support in conformity
with this Code. The legitime of each illegitimate child shall consist of one-half
of the legitime of a legitimate child. Except for this modification, all other
provisions in the Civil Code governing successional rights shall remain in force.
(287a)

Republic Act No. 9255 February 24 2004 FERNANDEZ v. FERNANDEZ 363 S 811
AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME
OF THEIR FATHER, AMENDING FOR THE PURPOSE ARTICLE 176 OF
EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE "FAMILY
CODE OF THE PHILIPPINES"
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:
SECTION 1. Article 176 of Executive Order No. 209, otherwise known as the
Family Code of the Philippines, is hereby amended to read as follows: LABAGALA v. SANTIAGO 12/04/2001

"Article 176. Illegitimate children shall use the surname and shall be under the
parental authority of their mother, and shall be entitled to support in conformity
with this Code. However, illegitimate children may use the surname of their
father if their filiation has been expressly recognized by the father through the
record of birth appearing in the civil register, or when an admission in a public
document or private handwritten instrument is made by the
father. Provided, the father has the right to institute an action before the LOCSIN v. LOCSIN, JR. 12/10/2001
regular courts to prove non-filiation during his lifetime. The legitime of each
illegitimate child shall consist of one-half of the legitime of a legitimate child."

SECTION 2. Repealing Clause. – All laws, presidential decrees, executive

orders, proclamations, rules and regulations, which are inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

 

BERNABE v. ALEJO 01/21/2002
DELA ROSA v. VDA. DE DAMIAN 01/27/2006 ARADO v. ALCORAN 762 S 37

VERCELES v. POSADA 522 S 518 GERONIMO v. SANTOS GR#197099 09/28/15

DELA CRUZ v. GARCIA 594 S 648 CALIMAG v. MACAPAZ GR#191936 06/01/2016

Rights of legitimate and illegitimate children

Chapter 4. Legitimated Children

Art. 177. Only children conceived and born outside of wedlock of parents who,
at the time of the conception of the former, were not disqualified by any
impediment to marry each other may be legitimated. (269a)
NEPOMUCENO v. LOPEZ 03/18/20
Art. 178. Legitimation shall take place by a subsequent valid marriage
between parents. The annulment of a voidable marriage shall not affect the
legitimation. (270a)

Art. 179. Legitimated children shall enjoy the same rights as legitimate
children. (272a)
AGUILAR v. SIASAT GR#200169 01/28/2015
Art. 180. The effects of legitimation shall retroact to the time of the child's birth.
(273a)
Art. 181. The legitimation of children who died before the celebration of the
marriage shall benefit their descendants. (274)
Art. 182. Legitimation may be impugned only by those who are prejudiced in
their rights, within five years from the time their cause of action accrues. (275a)
-Who may be legitimated, effectively of legitimation
-Effects of legitimation, rights of legitimated children
-Impugning legitimation, grounds and period to file action
REPUBLIC ACT. NO. 9858
AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO
PARENTS BELOW MARRYING AGE, AMENDING FOR THE PURPOSE
THE FAMILY CODE OF THE PHILIPPINES, AS AMENDED
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:
Section 1. Article 177 of Executive Order No. 209, otherwise known as the
"Family Code of the Philippines", as amended, is hereby further amended to
read as follows:
"Art. 177. Children conceived and born outside of wedlock of parents who, at
the time of conception of the former, were not disqualified by any impediment
to marry each other, or were so disqualified only because either or both of
them were below eighteen (18) years of age, may be legitimated."
"Art. 178. Legitimation shall take place by a subsequent valid marriage
between parents. The annulment of a voidable marriage shall not affect the
legitimation."
Section 2. Implementing Rules. – The civil Registrar General shall, in
consultation with the chairpersons of the Committee on Revision of Laws of
the House of Representatives and the Committee on Youth, Women and
Family Relations of the Senate, the Council for the Welfare of Children, the
Department of Justice (DOJ), the Department of Foreign Affairs (DFA), the
office of the Supreme Court Administrator, the Philippine Association of Civil
Registrars (PACR) and the UP Law Center, issue the necessary
rules/regulations for the effective implementation of this Act not later than one
(1) month from its effectivity.


TITLE VII
ADOPTION
Art. 183. A person of age and in possession of full civil capacity and legal
rights may adopt, provided he is in a position to support and care for his
children, legitimate or illegitimate, in keeping with the means of the family.
Only minors may be adopted, except in the cases when the adoption of a
person of majority age is allowed in this Title.
In addition, the adopter must be at least sixteen years older than the
person to be adopted, unless the adopter is the parent by nature of the
adopted, or is the spouse of the legitimate parent of the person to be adopted.
(27a, EO 91 and PD 603)
Art. 184. The following persons may not adopt:
(1) The guardian with respect to the ward prior to the approval of the final
accounts rendered upon the termination of their guardianship relation;

(2) Any person who has been convicted of a crime involving moral turpitude;
(3) An alien, except:
(a) A former Filipino citizen who seeks to adopt a relative by consanguinity;

(b) One who seeks to adopt the legitimate child of his or her Filipino spouse;or
(c) One who is married to a Filipino citizen and seeks to adopt jointly with his
or her spouse a relative by consanguinity of the latter.
Aliens not included in the foregoing exceptions may adopt Filipino
children in accordance with the rules on inter-country adoptions as may be
provided by law. (28a, EO 91 and PD 603)
Art. 185. Husband and wife must jointly adopt, except in the following cases:

(1) When one spouse seeks to adopt his own illegitimate child; or
(2) When one spouse seeks to adopt the legitimate child of the other. (29a, EO
91 and PD 603)
Art. 186. In case husband and wife jointly adopt or one spouse adopts the
legitimate child of the other, joint parental authority shall be exercised by the
spouses in accordance with this Code. (29a, EO and PD 603)
Art. 187. The following may not be adopted:
(1) A person of legal age, unless he or she is a child by nature of the adopter
or his or her spouse, or, prior to the adoption, said person has been
consistently considered and treated by the adopter as his or her own child
during minority.
(2) An alien with whose government the Republic of the Philippines has no one-half to be inherited by the spouse or the illegitimate children of the adopted
diplomatic relations; and
 and the other half, by the adopters.
(4) When the adopters concur with the illegitimate children and the surviving
(3) A person who has already been adopted unless such adoption has been
spouse of the adopted, they shall divide the entire estate in equal shares, one-
previously revoked or rescinded. (30a, EO 91 and PD 603)
third to be inherited by the illegitimate children, one-third by the surviving
spouse, and one- third by the adopters;
Art. 188. The written consent of the following to the adoption shall be
(5) When only the adopters survive, they shall inherit the entire estate;
necessary:

and
 (6) When only collateral blood relatives of the adopted survive, then the
(1) The person to be adopted, if ten years of age or over,
 ordinary rules of legal or intestate succession shall apply. (39(4)a, PD 603)
(2) The parents by nature of the child, the legal guardian, or the proper
government instrumentality; Art. 191. If the adopted is a minor or otherwise incapacitated, the adoption
(3) The legitimate and adopted children, ten years of age or over, of the may be judicially rescinded upon petition of any person authorized by the court
adopting parent or parents;
 or proper government instrumental acting on his behalf, on the same grounds
prescribed for loss or suspension of parental authority. If the adopted is at least
(4) The illegitimate children, ten years of age or over, of the adopting parent, if
eighteen years of age, he may petition for judicial rescission of the adoption
living with said parent and the latter's spouse, if any; and
on the same grounds prescribed for disinheriting an ascendant. (40a, PD 603)
(5) The spouse, if any, of the person adopting or to be adopted. (31a, EO 91
and PD 603)
Art. 192. The adopters may petition the court for the judicial rescission of the
adoption in any of the following cases:

Art. 189. Adoption shall have the following effects:

(1) If the adopted has committed any act constituting ground for disinheriting
(1) For civil purposes, the adopted shall be deemed to be a legitimate child of
a descendant; or
the adopters and both shall acquire the reciprocal rights and obligations arising
(2) When the adopted has abandoned the home of the adopters during
from the relationship of parent and child, including the right of the adopted to
minority for at least one year, or, by some other acts, has definitely repudiated
use the surname of the adopters;
 the adoption. (41a, PD 603)
(2) The parental authority of the parents by nature over the adopted shall
terminate and be vested in the adopters, except that if the adopter is the Art. 193. If the adopted minor has not reached the age of majority at the time
spouse of the parent by nature of the adopted, parental authority over the of the judicial rescission of the adoption, the court in the same proceeding shall
adopted shall be exercised jointly by both spouses; and reinstate the parental authority of the parents by nature, unless the latter are
(3) The adopted shall remain an intestate heir of his parents and other blood disqualified or incapacitated, in which case the court shall appoint a guardian
relatives. (39(1)a, (3)a, PD 603) over the person and property of the minor. If the adopted person is physically
or mentally handicapped, the court shall appoint in the same proceeding a
Art. 190. Legal or intestate succession to the estate of the adopted shall be guardian over his person or property or both.
governed by the following rules:
 Judicial rescission of the adoption shall extinguish all reciprocal rights
and obligations between the adopters and the adopted arising from the
(1) Legitimate and illegitimate children and descendants and the surviving
relationship of parent and child. The adopted shall likewise lose the right to
spouse of the adopted shall inherit from the adopted, in accordance with the
use the surnames of the adopters and shall resume his surname prior to the
ordinary rules of legal or intestate succession;
adoption.
(2) When the parents, legitimate or illegitimate, or the legitimate ascendants of
The court shall accordingly order the amendment of the records in the proper
the adopted concur with the adopter, they shall divide the entire estate, one-
registries. (42a, PD 603)
half to be inherited by the parents or ascendants and the other half, by the
adopters;
(3) When the surviving spouse or the illegitimate children of the adopted
concur with the adopters, they shall divide the entire estate in equal shares,
LAWS ON ADOPTION (FAMILY CODE) – most provisions of the Family
Code on adoption are repealed by RA 8552 except Article 190 of said
Code
RULE ON ADOPTION
A. DOMESTIC ADOPTION
Section 1. Applicability of the Rule. – This Rule covers the domestic adoption
of Filipino children.
Section 2. Objectives. – (a) The best interests of the child shall be the
paramount consideration in all matters relating to his care, custody and
adoption, in accordance with Philippine laws, the United Nations (UN)
Convention on the Rights of the Child, UN Declaration on Social and Legal
Principles Relating to the Protection and Welfare of Children with Special
Reference to Foster Placement and Adoption, Nationally and Internationally,
and the Hague Convention on the Protection of Children and Cooperation in
Respect of Inter-country Adoption.
(b) The State shall provide alternative protection and assistance through foster
care or adoption for every child who is a foundling, neglected, orphaned, or
abandoned. To this end, the State shall:
(i) ensure that every child remains under the care and custody of his parents
and is provided with love, care, understanding and security for the full and
harmonious development of his personality. Only when such efforts prove
insufficient and no appropriate placement or adoption within the child’s
extended family is available shall adoption by an unrelated person be
considered.
(ii) safeguard the biological parents from making hasty decisions in
relinquishing their parental authority over their child;
(iii) prevent the child from unnecessary separation from his biological parents;
(iv) conduct public information and educational campaigns to promote a
positive environment for adoption;
(v) ensure that government and private sector agencies have the capacity to
handle adoption inquiries, process domestic adoption applications and offer
adoption-related services including, but not limited to, parent preparation and
post-adoption education and counseling;
(vi) encourage domestic adoption so as to preserve the child’s identity and
culture in his native land, and only when this is not available shall inter-country
adoption be considered as a last resort; and
(vii) protect adoptive parents from attempts to disturb their parental authority
and custody over their adopted child.
Any voluntary or involuntary termination of parental authority shall be
administratively or judicially declared so as to establish the status of the child
as “legally available for adoption” and his custody transferred to the
Department of Social Welfare and Development or to any duly licensed and
accredited child-placing or child-caring agency, which entity shall be
authorized to take steps for the permanent placement of the child.
Section 3. Definition of Terms. – For purposes of this Rule:
(a) “Child” is a person below eighteen (18) years of age at the time of the filing
of the petition for adoption.
(b) “A child legally available for adoption” refers to a child who has been
voluntarily or involuntarily committed to the Department or to a duly licensed
and accredited child-placing or child-caring agency, freed of the parental
authority of his biological parents, or in case of rescission of adoption, his
guardian or adopter(s).
(c) “Voluntarily committed child” is one whose parents knowingly and willingly
relinquish parental authority over him in favor of the Department.
(d) “Involuntarily committed child” is one whose parents, known or unknown,
have been permanently and judicially deprived of parental authority over him
due to abandonment; substantial, continuous or repeated neglect and abuse;
or incompetence to discharge parental responsibilities.
(e) “Foundling” refers to a deserted or abandoned infant or child whose
parents, guardian or relatives are unknown; or a child committed to an
orphanage or charitable or similar institution with unknown facts of birth and
parentage and registered in the Civil Register as a “foundling.”
(f) “Abandoned child” refers to one who has no proper parental care or
guardianship or whose parents have deserted him for a period of at least six
(6) continuous months and has been judicially declared as such.
(g) “Dependent child” refers to one who is without a parent, guardian or
custodian or one whose parents, guardian or other custodian for good cause
desires to be relieved of his care and custody and is dependent upon the public
for support.
(h) “Neglected child” is one whose basic needs have been deliberately not
attended to or inadequately attended to, physically or emotionally, by his
parents or guardian.
(i) “Physical neglect” occurs when the child is malnourished, ill-clad and
without proper shelter.
(j) “Emotional neglect” exists when a child is raped, seduced, maltreated,
exploited, overworked or made to work under conditions not conducive to good
health or made to beg in the streets or public places, or placed in moral danger,
or exposed to drugs, alcohol, gambling, prostitution and other vices.
(k) “Child-placement agency” refers to an agency duly licensed and accredited
by the Department to provide comprehensive child welfare services including,
but not limited to, receiving applications for adoption, evaluating the
prospective adoptive parents and preparing the adoption home study report.
(l) “Child-caring agency” refers to an agency duly licensed and accredited by
the Department that provides 24-hour residential care services for abandoned,
orphaned, neglected or voluntarily committed children.
(m) “Department” refers to the Department of Social Welfare and
Development.
(n) “Deed of Voluntary Commitment” refers to the written and notarized
instrument relinquishing parental authority and committing the child to the care
and custody of the Department executed by the child’s biological parents or in
their absence, mental incapacity or death, by the child’s legal guardian, to be
witnessed by an authorized representative of the Department after counseling
and other services have been made available to encourage the biological
parents to keep the child.
(o) “Child Study Report” refers to a study made by the court social worker of
the child’s legal status, placement history, psychological, social, spiritual,
medical, ethno-cultural background and that of his biological family needed in
determining the most appropriate placement for him.
(p) “Home Study Report” refers to a study made by the court social worker of
the motivation and capacity of the prospective adoptive parents to provide a
home that meets the needs of a child.
(q) “Supervised trial custody” refers to the period of time during which a social
worker oversees the adjustment and emotional readiness of both adopters and
adoptee in stabilizing their filial relationship.
(r) “Licensed Social Worker” refers to one who possesses a degree in bachelor
of science in social work as a minimum educational requirement and who has
passed the government licensure examination for social workers as required
by Republic Act No. 4373.
(s) “Simulation of birth” is the tampering of the civil registry to make it appear
in the birth records that a certain child was born to a person who is not his
biological mother, thus causing such child to lose his true identity and status.
(t) “Biological Parents” refer to the child’s mother and father by nature.
(u) “Pre-Adoption Services” refer to psycho-social services provided by
professionally-trained social workers of the Department, the social services
units of local governments, private and government health facilities, Family
Courts, licensed and accredited child-caring and child-placement agencies
and other individuals or entities involved in adoption as authorized by the
Department.
(v) “Residence” means a person’s actual stay in the Philippines for three (3)
continuous years immediately prior to the filing of a petition for adoption and
which is maintained until the adoption decree is entered. Temporary absences
for professional, business, health, or emergency reasons not exceeding sixty
(60) days in one (1) year does not break the continuity requirement.
(w) “Alien” refers to any person, not a Filipino citizen, who enters and remains
in the Philippines and is in possession of a valid passport or travel documents
and visa.
Section 4. Who may adopt. – The following may adopt:
(1) Any Filipino citizen of legal age, in possession of full civil capacity and legal
rights, of good moral character, has not been convicted of any crime involving
moral turpitude; who is emotionally and psychologically capable of caring for
children, at least sixteen (16) years older than the adoptee, and who is in a
position to support and care for his children in keeping with the means of the
family. The requirement of a 16-year difference between the age of the adopter
and adoptee may be waived when the adopter is the biological parent of the
adoptee or is the spouse of the adoptee’s parent;
(2) Any alien possessing the same qualifications as above-stated for Filipino
nationals: Provided, That his country has diplomatic relations with the Republic
of the Philippines, that he has been living in the Philippines for at least three
(3) continuous years prior to the filing of the petition for adoption and maintains
such residence until the adoption decree is entered, that he has been certified
by his diplomatic or consular office or any appropriate government agency to
have the legal capacity to adopt in his country, and that his government allows
the adoptee to enter his country as his adopted child. Provided, further, That
the requirements on residency and certification of the alien’s qualification to
adopt in his country may be waived for the following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th)
degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate child of his Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his
spouse a relative within the fourth (4th) degree of consanguinity or affinity of
the Filipino spouse.
(3) The guardian with respect to the ward after the termination of the
guardianship and clearance of his financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate child of one spouse by the other
spouse; or
(ii) if one spouse seeks to adopt his own illegitimate child: Provided, however,
That the other spouse has signified his consent thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt or one spouse adopts the illegitimate
child of the other, joint parental authority shall be exercised by the spouses.
Section 5. Who may be adopted. – The following may be adopted:
(1) Any person below eighteen (18) years of age who has been voluntarily
committed to the Department under Articles 154, 155 and 156 of P.D. No. 603
or judicially declared available for adoption;
(2) The legitimate child of one spouse, by the other spouse;
(3) An illegitimate child, by a qualified adopter to raise the status of the former
to that of legitimacy;
(4) A person of legal age regardless of civil status, if, prior to the adoption, said
person has been consistently considered and treated by the adopters as their
own child since minority;
(5) A child whose adoption has been previously rescinded; or
(6) A child whose biological or adoptive parents have died: Provided, That no
proceedings shall be initiated within six (6) months from the time of death of
said parents.
(7) A child not otherwise disqualified by law or these rules.
Section 6. Venue. – The petition for adoption shall be filed with the Family
Court of the province or city where the prospective adoptive parents reside.
Section 7. Contents of the Petition. – The petition shall be verified and
specifically state at the heading of the initiatory pleading whether the petition
contains an application for change of name, rectification of simulated birth,
voluntary or involuntary commitment of children, or declaration of child as
abandoned, dependent or neglected.
1) If the adopter is a Filipino citizen, the petition shall allege the following:
(a) The jurisdictional facts;
(b) That the petitioner is of legal age, in possession of full civil capacity and
legal rights; is of good moral character; has not been convicted of any crime
involving moral turpitude; is emotionally and psychologically capable of caring
for children; is at least sixteen (16) years older than the adoptee, unless the
adopter is the biological parent of the adoptee or is the spouse of the adoptee’s
parent; and is in a position to support and care for his children in keeping with
the means of the family and has undergone pre-adoption services as required
by Section 4 of Republic Act No. 8552.
2) If the adopter is an alien, the petition shall allege the following:
(a) The jurisdictional facts;
(b) Sub-paragraph 1(b) above;
(c) That his country has diplomatic relations with the Republic of the
Philippines;
(d) That he has been certified by his diplomatic or consular office or any
appropriate government agency to have the legal capacity to adopt in his
country and his government allows the adoptee to enter his country as his
adopted child and reside there permanently as an adopted child; and
(e) That he has been living in the Philippines for at least three (3) continuous
years prior to the filing of the petition and he maintains such residence until
the adoption decree is entered.
The requirements of certification of the alien’s qualification to adopt in his
country and of residency may be waived if the alien:
(i) is a former Filipino citizen who seeks to adopt a relative within the fourth
degree of consanguinity or affinity; or
(ii) seeks to adopt the legitimate child of his Filipino spouse; or
(iii) is married to a Filipino citizen and seeks to adopt jointly with his spouse a
relative within the fourth degree of consanguinity or affinity of the Filipino
spouse.
3) If the adopter is the legal guardian of the adoptee, the petition shall allege
that guardianship had been terminated and the guardian had cleared his
financial accountabilities.
4) If the adopter is married, the spouse shall be a co-petitioner for joint
adoption except if:
(a) one spouse seeks to adopt the legitimate child of the other, or
(b) if one spouse seeks to adopt his own illegitimate child and the other spouse
signified written consent thereto, or
(c) if the spouses are legally separated from each other.
5) If the adoptee is a foundling, the petition shall allege the entries which
should appear in his birth certificate, such as name of child, date of birth, place
of birth, if known; sex, name and citizenship of adoptive mother and father,
and the date and place of their marriage.
6) If the petition prays for a change of name, it shall also state the cause or
reason for the change of name.
In all petitions, it shall be alleged:
(a) The first name, surname or names, age and residence of the adoptee as
shown by his record of birth, baptismal or foundling certificate and school
records.
(b) That the adoptee is not disqualified by law to be adopted.
(c) The probable value and character of the estate of the adoptee.
(d) The first name, surname or names by which the adoptee is to be known
and registered in the Civil Registry.
A certification of non-forum shopping shall be included pursuant to Section 5,
Rule 7 of the 1997 Rules of Civil Procedure.
Section 8. Rectification of Simulated Birth. – In case the petition also seeks
rectification of a simulated of birth, it shall allege that:
(a) Petitioner is applying for rectification of a simulated birth;
(b) The simulation of birth was made prior to the date of effectivity of Republic
Act No. 8552 and the application for rectification of the birth registration and
the petition for adoption were filed within five years from said date;
(c) The petitioner made the simulation of birth for the best interests of the
adoptee; and
(d) The adoptee has been consistently considered and treated by petitioner as
his own child.
Section 9. Adoption of a foundling, an abandoned, dependent or neglected
child. – In case the adoptee is a foundling, an abandoned, dependent or
neglected child, the petition shall allege:
(a) The facts showing that the child is a foundling, abandoned, dependent or
neglected;
(b) The names of the parents, if known, and their residence. If the child has no
known or living parents, then the name and residence of the guardian, if any;
(c) The name of the duly licensed child-placement agency or individual under
whose care the child is in custody; and
(d) That the Department, child-placement or child-caring agency is authorized
to give its consent.
Section 10. Change of name. – In case the petition also prays for change of
name, the title or caption must contain:
(a) The registered name of the child;
(b) Aliases or other names by which the child has been known; and
(c) The full name by which the child is to be known.
Section 11. Annexes to the Petition. – The following documents shall be
attached to the petition:
A. Birth, baptismal or foundling certificate, as the case may be, and school
records showing the name, age and residence of the adoptee;
B. Affidavit of consent of the following:
1. The adoptee, if ten (10) years of age or over;
2. The biological parents of the child, if known, or the legal guardian, or the
child-placement agency, child-caring agency, or the proper government
instrumentality which has legal custody of the child;
3. The legitimate and adopted children of the adopter and of the adoptee, if
any, who are ten (10) years of age or over;
4. The illegitimate children of the adopter living with him who are ten (10) years
of age or over; and
5. The spouse, if any, of the adopter or adoptee.
C. Child study report on the adoptee and his biological parents;
D. If the petitioner is an alien, certification by his diplomatic or consular office
or any appropriate government agency that he has the legal capacity to adopt
in his country and that his government allows the adoptee to enter his country
as his own adopted child unless exempted under Section 4(2);
E. Home study report on the adopters. If the adopter is an alien or residing
abroad but qualified to adopt, the home study report by a foreign adoption
agency duly accredited by the Inter-Country Adoption Board; and
F. Decree of annulment, nullity or legal separation of the adopter as well as
that of the biological parents of the adoptee, if any.
Section 12. Order of Hearing. – If the petition and attachments are sufficient
in form and substance, the court shall issue an order which shall contain the
following:
(1) the registered name of the adoptee in the birth certificate and the names
by which the adoptee has been known which shall be stated in the caption;
(2) the purpose of the petition;
(3) the complete name which the adoptee will use if the petition is granted;
(4) the date and place of hearing which shall be set within six (6) months from
the date of the issuance of the order and shall direct that a copy thereof be
published before the date of hearing at least once a week for three successive
weeks in a newspaper of general circulation in the province or city where the
court is situated; Provided, that in case of application for change of name, the
date set for hearing shall not be within four (4) months after the last publication
of the notice nor within thirty (30) days prior to an election.
The newspaper shall be selected by raffle under the supervision of the
Executive Judge.
(5) a directive to the social worker of the court, the social service office of the
local government unit or any child-placing or child-caring agency, or the
Department to prepare and submit child and home study reports before the
hearing if such reports had not been attached to the petition due to
unavailability at the time of the filing of the latter; and
(6) a directive to the social worker of the court to conduct counseling sessions
with the biological parents on the matter of adoption of the adoptee and submit
her report before the date of hearing.
At the discretion of the court, copies of the order of hearing shall also be
furnished the Office of the Solicitor General through the provincial or city
prosecutor, the Department and the biological parents of the adoptee, if
known.
If a change in the name of the adoptee is prayed for in the petition, notice to
the Solicitor General shall be mandatory.
Section 13. Child and Home Study Reports. – In preparing the child study
report on the adoptee, the concerned social worker shall verify with the Civil
Registry the real identity and registered name of the adoptee. If the birth of the
adoptee was not registered with the Civil Registry, it shall be the responsibility
of the social worker to register the adoptee and secure a certificate of foundling
or late registration, as the case may be.
The social worker shall establish that the child is legally available for adoption
and the documents in support thereof are valid and authentic, that the adopter
has sincere intentions and that the adoption shall inure to the best interests of
the child.
In case the adopter is an alien, the home study report must show the legal
capacity to adopt and that his government allows the adoptee to enter his
country as his adopted child in the absence of the certification required under
Section 7(b) of Republic Act No. 8552.
If after the conduct of the case studies, the social worker finds that there are
grounds to deny the petition, he shall make the proper recommendation to the
court, furnishing a copy thereof to the petitioner.
Section 14. Hearing. – Upon satisfactory proof that the order of hearing has
been published and jurisdictional requirements have been complied with, the
court shall proceed to hear the petition. The petitioner and the adoptee must
personally appear and the former must testify before the presiding judge of the
court on the date set for hearing.
The court shall verify from the social worker and determine whether the
biological parent has been properly counseled against making hasty decisions
caused by strain or anxiety to give up the child; ensure that all measures to
strengthen the family have been exhausted; and ascertain if any prolonged
stay of the child in his own home will be inimical to his welfare and interest.
Section 15. Supervised Trial Custody. – Before issuance of the decree of
adoption, the court shall give the adopter trial custody of the adoptee for a
period of at least six (6) months within which the parties are expected to adjust
psychologically and emotionally to each other and establish a bonding
relationship. The trial custody shall be monitored by the social worker of the
court, the Department, or the social service of the local government unit, or the
child-placement or child-caring agency which submitted and prepared the case
studies. During said period, temporary parental authority shall be vested in the
adopter.
The court may, motu proprio or upon motion of any party, reduce the period or
exempt the parties if it finds that the same shall be for the best interests of the
adoptee, stating the reasons therefor.
An alien adopter however must complete the 6-month trial custody except the
following:
a) a former Filipino citizen who seeks to adopt a relative within the fourth (4th)
degree of consanguinity or affinity; or
b) one who seeks to adopt the legitimate child of his Filipino spouse; or
c) one who is married to a Filipino citizen and seeks to adopt jointly with his or
her spouse the latter’s relative within the fourth (4th) degree of consanguinity
or affinity.
If the child is below seven (7) years of age and is placed with the prospective
adopter through a pre-adoption placement authority issued by the Department,
the court shall order that the prospective adopter shall enjoy all the benefits to
which the biological parent is entitled from the date the adoptee is placed with
him.
The social worker shall submit to the court a report on the result of the trial
custody within two weeks after its termination.
Section 16. Decree of Adoption. – If the supervised trial custody is satisfactory
to the parties and the court is convinced from the trial custody report and the
evidence adduced that the adoption shall redound to the best interests of the
adoptee, a decree of adoption shall be issued which shall take effect as of the
date the original petition was filed even if the petitioners die before its issuance.
The decree shall:
A. State the name by which the child is to be known and registered;
B. Order:
1) the Clerk of Court to issue to the adopter a certificate of finality upon
expiration of the 15-day reglementary period within which to appeal;
2) the adopter to submit a certified true copy of the decree of adoption and the
certificate of finality to the Civil Registrar where the child was originally
registered within thirty (30) days from receipt of the certificate of finality. In
case of change of name, the decree shall be submitted to the Civil Registrar
where the court issuing the same is situated.
3) the Civil Registrar of the place where the adoptee was registered:
a. to annotate on the adoptee’s original certificate of birth the decree of
adoption within thirty (30) days from receipt of the certificate of finality;
b. to issue a certificate of birth which shall not bear any notation that it is a new
or amended certificate and which shall show, among others, the following:
registry number, date of registration, name of child, sex, date of birth, place of
birth, name and citizenship of adoptive mother and father, and the date and
place of their marriage, when applicable;
c. to seal the original certificate of birth in the civil registry records which can
be opened only upon order of the court which issued the decree of adoption;
and
d. to submit to the court issuing the decree of adoption proof of compliance
with all the foregoing within thirty days from receipt of the decree.
If the adoptee is a foundling, the court shall order the Civil Registrar where the
foundling was registered, to annotate the decree of adoption on the foundling
certificate and a new birth certificate shall be ordered prepared by the Civil
Registrar in accordance with the decree.
Section 17. Book of Adoptions. – The Clerk of Court shall keep a book of
adoptions showing the date of issuance of the decree in each case,
compliance by the Civil Registrar with Section 16(B)(3) and all incidents arising
after the issuance of the decree.
Section 18. Confidential Nature of Proceedings and Records. – All hearings
in adoption cases, after compliance with the jurisdictional requirements shall
be confidential and shall not be open to the public. All records, books and
papers relating to the adoption cases in the files of the court, the Department,
or any other agency or institution participating in the adoption proceedings
shall be kept strictly confidential.
If the court finds that the disclosure of the information to a third person is
necessary for security reasons or for purposes connected with or arising out
of the adoption and will be for the best interests of the adoptee, the court may,
upon proper motion, order the necessary information to be released, restricting
the purposes for which it may be used.
Section 19. Rescission of Adoption of the Adoptee. – The petition shall be
verified and filed by the adoptee who is over eighteen (18) years of age, or
with the assistance of the Department, if he is a minor, or if he is over eighteen
(18) years of age but is incapacitated, by his guardian or counsel.
The adoption may be rescinded based on any of the following grounds
committed by the adopter:
1) repeated physical and verbal maltreatment by the adopter despite having
undergone counseling;
2) attempt on the life of the adoptee;
3) sexual assault or violence; or
4) abandonment or failure to comply with parental obligations.
Adoption, being in the best interests of the child, shall not be subject to
rescission by the adopter. However, the adopter may disinherit the adoptee for
causes provided in Article 919 of the Civil Code.
Section 20. Venue. – The petition shall be filed with the Family Court of the
city or province where the adoptee resides.
Section 21. Time within which to file petition. – The adoptee, if incapacitated,
must file the petition for rescission or revocation of adoption within five (5)
years after he reaches the age of majority, or if he was incompetent at the time
of the adoption, within five (5) years after recovery from such incompetency.
Section 22. Order to Answer. – The court shall issue an order requiring the
adverse party to answer the petition within fifteen (15) days from receipt of a
copy thereof. The order and copy of the petition shall be served on the adverse
party in such manner as the court may direct.
Section 23. Judgment. – If the court finds that the allegations of the petition
are true, it shall render judgment ordering the rescission of adoption, with or
without costs, as justice requires.
The court shall order that the parental authority of the biological parent of the
adoptee, if known, or the legal custody of the Department shall be restored if
the adoptee is still a minor or incapacitated and declare that the reciprocal
rights and obligations of the adopter and the adoptee to each other shall be
extinguished.
The court shall further declare that successional rights shall revert to its status
prior to adoption, as of the date of judgment of judicial rescission. Vested rights
acquired prior to judicial rescission shall be respected.
It shall also order the adoptee to use the name stated in his original birth or
foundling certificate.
The court shall further order the Civil Registrar where the adoption decree was
registered to cancel the new birth certificate of the adoptee and reinstate his
original birth or foundling certificate.
Section 24. Service of Judgment. – A certified true copy of the judgment
together with a certificate of finality issued by the Branch Clerk of the Court
which rendered the decision in accordance with the preceding Section shall be
served by the petitioner upon the Civil Registrar concerned within thirty (30)
days from receipt of the certificate of finality. The Civil Registrar shall forthwith
enter the rescission decree in the register and submit proof of compliance to
the court issuing the decree and the Clerk of Court within thirty (30) days from
receipt of the decree.
The Clerk of Court shall enter the compliance in accordance with Section 17
hereof.
Section 25. Repeal. - This supersedes Rule 99 on Adoption and Rule 100 of
the Rules of Court.
B. INTER-COUNTRY ADOPTION
Section 26. Applicability. – The following sections apply to inter-country
adoption of Filipino children by foreign nationals and Filipino citizens
permanently residing abroad.
Section 27. Objectives. – The State shall:
a) consider inter-country adoption as an alternative means of child care, if the
child cannot be placed in a foster or an adoptive family or cannot, in any
suitable manner, be cared for in the Philippines;
b) ensure that the child subject of inter-country adoption enjoys the same
protection accorded to children in domestic adoption; and
c) take all measures to ensure that the placement arising therefrom does not
result in improper financial gain for those involved.
Section 28. Where to File Petition. – A verified petition to adopt a Filipino child
may be filed by a foreign national or Filipino citizen permanently residing
abroad with the Family Court having jurisdiction over the place where the child
resides or may be found.
It may be filed directly with the Inter-Country Adoption Board.
Section 29. Who may be adopted. – Only a child legally available for domestic
adoption may be the subject of inter-country adoption.
Section 30. Contents of Petition. – The petitioner must allege:
a) his age and the age of the child to be adopted, showing that he is at least
twenty-seven (27) years of age and at least sixteen (16) years older than the
child to be adopted at the time of application, unless the petitioner is the parent
by nature of the child to be adopted or the spouse of such parent, in which
case the age difference does not apply;
b) if married, the name of the spouse who must be joined as co-petitioner
except when the adoptee is a legitimate child of his spouse;
c) that he has the capacity to act and assume all rights and responsibilities of
parental authority under his national laws, and has undergone the appropriate
counseling from an accredited counselor in his country;
d) that he has not been convicted of a crime involving moral turpitude;
e) that he is eligible to adopt under his national law;
f) that he can provide the proper care and support and instill the necessary
moral values and example to all his children, including the child to be adopted;
g) that he agrees to uphold the basic rights of the child, as embodied under
Philippine laws and the U. N. Convention on the Rights of the Child, and to
abide by the rules and regulations issued to implement the provisions of
Republic Act No. 8043;
h) that he comes from a country with which the Philippines has diplomatic
relations and whose government maintains a similarly authorized and
accredited agency and that adoption of a Filipino child is allowed under his
national laws; and
i) that he possesses all the qualifications and none of the disqualifications
provided in this Rule, in Republic Act No. 8043 and in all other applicable
Philippine laws.
Section 31. Annexes. - The petition for adoption shall contain the following
annexes written and officially translated in English:
a) Birth certificate of petitioner;
b) Marriage contract, if married, and, if applicable, the divorce decree, or
judgment dissolving the marriage;
c) Sworn statement of consent of petitioner’s biological or adopted children
above ten (10) years of age;
d) Physical, medical and psychological evaluation of the petitioner certified by
a duly licensed physician and psychologist;
e) Income tax returns or any authentic document showing the current financial
capability of the petitioner;
f) Police clearance of petitioner issued within six (6) months before the filing of
the petitioner;
g) Character reference from the local church/minister, the petitioner’s
employer and a member of the immediate community who have known the
petitioner for at least five (5) years;
h) Full body postcard-size pictures of the petitioner and his immediate family
taken at least six (6) months before the filing of the petition.
Section 32. Duty of Court. – The court, after finding that the petition is
sufficient in form and substance and a proper case for inter-country adoption,
shall immediately transmit the petition to the Inter-Country Adoption Board for
appropriate action.


Republic Act No. 8552 February 25, 1998
AN ACT ESTABLISHING THE RULES AND POLICIES ON THE
DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled::
ARTICLE I 
 GENERAL PROVISIONS
Section 1. Short Title. – This Act shall be known as the "Domestic Adoption
Act of 1998."
Section 2. Declaration of Policies. – (a) It is hereby declared the policy of the
State to ensure that every child remains under the care and custody of his/her
parent(s) and be provided with love, care, understanding and security towards
the full and harmonious development of his/her personality. Only when such
efforts prove insufficient and no appropriate placement or adoption within the
child's extended family is available shall adoption by an unrelated person be
considered.
(b) In all matters relating to the care, custody and adoption of a child, his/her
interest shall be the paramount consideration in accordance with the tenets
set forth in the United Nations (UN) Convention on the Rights of the Child; UN
Declaration on Social and Legal Principles Relating to the Protection and
Welfare of Children with Special Reference to Foster Placement and Adoption,
Nationally and Internationally; and the Hague Convention on the Protection of
Children and Cooperation in Respect of Intercountry Adoption. Toward this
end, the State shall provide alternative protection and assistance through
foster care or adoption for every child who is neglected, orphaned, or
abandoned.
(c) It shall also be a State policy to:
(i) Safeguard the biological parent(s) from making hurried decisions to
relinquish his/her parental authority over his/her child;
(ii) Prevent the child from unnecessary separation from his/her biological
parent(s);
(iii) Protect adoptive parent(s) from attempts to disturb his/her parental
authority and custody over his/her adopted child.
Any voluntary or involuntary termination of parental authority shall be
administratively or judicially declared so as to establish the status of the child
as "legally available for adoption" and his/her custody transferred to the
Department of Social Welfare and Development or to any duly licensed and
accredited child-placing or child-caring agency, which entity shall be
authorized to take steps for the permanent placement of the child;
(iv) Conduct public information and educational campaigns to promote a
positive environment for adoption;
(v) Ensure that sufficient capacity exists within government and private sector
agencies to handle adoption inquiries, process domestic adoption
applications, and offer adoption-related services including, but not limited to,
parent preparation and post-adoption education and counseling; and
(vi) Encourage domestic adoption so as to preserve the child's identity and
culture in his/her native land, and only when this is not available shall
intercountry adoption be considered as a last resort.
Section 3. Definition of Terms. – For purposes of this Act, the following terms
shall be defined as:
(a) "Child" is a person below eighteen (18) years of age.
(b) "A child legally available for adoption" refers to a child who has been
voluntarily or involuntarily committed to the Department or to a duly licensed
and accredited child-placing or child-caring agency, freed of the parental
authority of his/her biological parent(s) or guardian or adopter(s) in case of
rescission of adoption.
(c) "Voluntarily committed child" is one whose parent(s) knowingly and
willingly relinquishes parental authority to the Department.
(d) "Involuntarily committed child" is one whose parent(s), known or unknown,
has been permanently and judicially deprived of parental authority due to
abandonment; substantial, continuous, or repeated neglect; abuse; or
incompetence to discharge parental responsibilities.
(e) "Abandoned child" refers to one who has no proper parental care or
guardianship or whose parent(s) has deserted him/her for a period of at least
six (6) continuous months and has been judicially declared as such.
(f) "Supervised trial custody" is a period of time within which a social worker
oversees the adjustment and emotional readiness of both adopter(s) and
adoptee in stabilizing their filial relationship.
(g) "Department" refers to the Department of Social Welfare and
Development.
(h) "Child-placing agency" is a duly licensed and accredited agency by the
Department to provide comprehensive child welfare services including, but not
limited to, receiving applications for adoption, evaluating the prospective
adoptive parents, and preparing the adoption home study.
(i) "Child-caring agency" is a duly licensed and accredited agency by the
Department that provides twenty four (24)-hour residential care services for
abandoned, orphaned, neglected, or voluntarily committed children.
(j) "Simulation of birth" is the tampering of the civil registry making it appear in
the birth records that a certain child was born to a person who is not his/her
biological mother, causing such child to lose his/her true identity and status.
ARTICLE II 
 PRE-ADOPTION SERVICES
Section 4. Counseling Service. – The Department shall provide the services
of licensed social workers to the following:
(a) Biological Parent(s) – Counseling shall be provided to the parent(s) before
and after the birth of his/her child. No binding commitment to an adoption plan
shall be permitted before the birth of his/her child. A period of six (6) months
shall be allowed for the biological parent(s) to reconsider any decision to
relinquish his/her child for adoption before the decision becomes irrevocable.
Counseling and rehabilitation services shall also be offered to the biological
parent(s) after he/she has relinquished his/her child for adoption.
Steps shall be taken by the Department to ensure that no hurried decisions
are made and all alternatives for the child's future and the implications of each
alternative have been provided.
(b) Prospective Adoptive Parent(s) – Counseling sessions, adoption fora and
seminars, among others, shall be provided to prospective adoptive parent(s)
to resolve possible adoption issues and to prepare him/her for effective
parenting.
(c) Prospective Adoptee – Counseling sessions shall be provided to ensure
that he/she understands the nature and effects of adoption and is able to
express his/her views on adoption in accordance with his/her age and level of
maturity.
Section 5. Location of Unknown Parent(s). – It shall be the duty of the
Department or the child-placing or child-caring agency which has custody of
the child to exert all efforts to locate his/her unknown biological parent(s). If
such efforts fail, the child shall be registered as a foundling and subsequently
be the subject of legal proceedings where he/she shall be declared
abandoned.
Section 6. Support Services. – The Department shall develop a pre-adoption
program which shall include, among others, the above mentioned services.
ARTICLE III 
 ELIGIBILITY
Section 7. Who May Adopt. – The following may adopt:
(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal
rights, of good moral character, has not been convicted of any crime involving
moral turpitude, emotionally and psychologically capable of caring for children,
at least sixteen (16) years older than the adoptee, and who is in a position to
support and care for his/her children in keeping with the means of the family.
The requirement of sixteen (16) year difference between the age of the adopter
and adoptee may be waived when the adopter is the biological parent of the
adoptee, or is the spouse of the adoptee's parent;
(b) Any alien possessing the same qualifications as above stated for Filipino
nationals: Provided, That his/her country has diplomatic relations with the
Republic of the Philippines, that he/she has been living in the Philippines for
at least three (3) continuous years prior to the filing of the application for
adoption and maintains such residence until the adoption decree is entered,
that he/she has been certified by his/her diplomatic or consular office or any
appropriate government agency that he/she has the legal capacity to adopt in
his/her country, and that his/her government allows the adoptee to enter
his/her country as his/her adopted son/daughter: Provided, Further, That the
requirements on residency and certification of the alien's qualification to adopt
in his/her country may be waived for the following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th)
degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino
spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with
his/her spouse a relative within the fourth (4th) degree of consanguinity or
affinity of the Filipino spouse; or
(c) The guardian with respect to the ward after the termination of the
guardianship and clearance of his/her financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter:
Provided, However, that the other spouse has signified his/her consent
thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt, or one spouse adopts the illegitimate
son/daughter of the other, joint parental authority shall be exercised by the
spouses.
Section 8. Who May Be Adopted. – The following may be adopted:
(a) Any person below eighteen (18) years of age who has been
administratively or judicially declared available for adoption;
(b) The legitimate son/daughter of one spouse by the other spouse;
(c) An illegitimate son/daughter by a qualified adopter to improve his/her status
to that of legitimacy;
(d) A person of legal age if, prior to the adoption, said person has been
consistently considered and treated by the adopter(s) as his/her own child
since minority;
(e) A child whose adoption has been previously rescinded; or
(f) A child whose biological or adoptive parent(s) has died: Provided, That no
proceedings shall be initiated within six (6) months from the time of death of
said parent(s).
Section 9. Whose Consent is Necessary to the Adoption. – After being
properly counseled and informed of his/her right to give or withhold his/her
approval of the adoption, the written consent of the following to the adoption is
hereby required:
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known, or the legal guardian, or the
proper government instrumentality which has legal custody of the child;
(c) The legitimate and adopted sons/daughters, ten (10) years of age or over,
of the adopter(s) and adoptee, if any;
(d) The illegitimate sons/daughters, ten (10) years of age or over, of the
adopter if living with said adopter and the latter's spouse, if any; and
(e) The spouse, if any, of the person adopting or to be adopted.
ARTICLE IV 
 PROCEDURE
Section 10. Hurried Decisions. – In all proceedings for adoption, the court
shall require proof that the biological parent(s) has been properly counseled to
prevent him/her from making hurried decisions caused by strain or anxiety to
give up the child, and to sustain that all measures to strengthen the family have
been exhausted and that any prolonged stay of the child in his/her own home
will be inimical to his/her welfare and interest.
Section 11. Case Study. – No petition for adoption shall be set for hearing
unless a licensed social worker of the Department, the social service office of
the local government unit, or any child-placing or child-caring agency has
made a case study of the adoptee, his/her biological parent(s), as well as the
adopter(s), and has submitted the report and recommendations on the matter
to the court hearing such petition.
At the time of preparation of the adoptee's case study, the concerned social
worker shall confirm with the Civil Registry the real identity and registered
name of the adoptee. If the birth of the adoptee was not registered with the
Civil Registry, it shall be the responsibility of the concerned social worker to
ensure that the adoptee is registered.
The case study on the adoptee shall establish that he/she is legally available
for adoption and that the documents to support this fact are valid and authentic.
Further, the case study of the adopter(s) shall ascertain his/her genuine
intentions and that the adoption is in the best interest of the child.
The Department shall intervene on behalf of the adoptee if it finds, after the
conduct of the case studies, that the petition should be denied. The case
studies and other relevant documents and records pertaining to the adoptee
and the adoption shall be preserved by the Department.
Section 12. Supervised Trial Custody. – No petition for adoption shall be
finally granted until the adopter(s) has been given by the court a supervised
trial custody period for at least six (6) months within which the parties are
expected to adjust psychologically and emotionally to each other and establish
a bonding relationship. During said period, temporary parental authority shall
be vested in the adopter(s).
The court may motu proprio or upon motion of any party reduce the trial period
if it finds the same to be in the best interest of the adoptee, stating the reasons
for the reduction of the period. However, for alien adopter(s), he/she must
complete the six (6)-month trial custody except for those enumerated in Sec.
7 (b) (i) (ii) (iii).
If the child is below seven (7) years of age and is placed with the prospective
adopter(s) through a pre-adoption placement authority issued by the
Department, the prospective adopter(s) shall enjoy all the benefits to which
biological parent(s) is entitled from the date the adoptee is placed with the
prospective adopter(s).
Section 13. Decree of Adoption. – If, after the publication of the order of
hearing has been complied with, and no opposition has been interposed to the
petition, and after consideration of the case studies, the qualifications of the
adopter(s), trial custody report and the evidence submitted, the court is
convinced that the petitioners are qualified to adopt, and that the adoption
would redound to the best interest of the adoptee, a decree of adoption shall
be entered which shall be effective as of the date the original petition was filed.
This provision shall also apply in case the petitioner(s) dies before the
issuance of the decree of adoption to protect the interest of the adoptee. The
decree shall state the name by which the child is to be known.
Section 14. Civil Registry Record. – An amended certificate of birth shall be
issued by the Civil Registry, as required by the Rules of Court, attesting to the
fact that the adoptee is the child of the adopter(s) by being registered with
his/her surname. The original certificate of birth shall be
stamped "cancelled" with the annotation of the issuance of an amended birth
certificate in its place and shall be sealed in the civil registry records. The new
birth certificate to be issued to the adoptee shall not bear any notation that it
is an amended issue.
Section 15. Confidential Nature of Proceedings and Records. – All hearings
in adoption cases shall be confidential and shall not be open to the public. All
records, books, and papers relating to the adoption cases in the files of the
court, the Department, or any other agency or institution participating in the
adoption proceedings shall be kept strictly confidential.
If the court finds that the disclosure of the information to a third person is
necessary for purposes connected with or arising out of the adoption and will
be for the best interest of the adoptee, the court may merit the necessary
information to be released, restricting the purposes for which it may be used.
ARTICLE V 
 EFFECTS OF ADOPTION
Section 16. Parental Authority. – Except in cases where the biological parent
is the spouse of the adopter, all legal ties between the biological parent(s) and
the adoptee shall be severed and the same shall then be vested on the
adopter(s).
Section 17. Legitimacy. – The adoptee shall be considered the legitimate
son/daughter of the adopter(s) for all intents and purposes and as such is
entitled to all the rights and obligations provided by law to legitimate
sons/daughters born to them without discrimination of any kind. To this end,
the adoptee is entitled to love, guidance, and support in keeping with the
means of the family.

Section 18. Succession. – In legal and intestate succession, the adopter(s)
and the adoptee shall have reciprocal rights of succession without distinction
from legitimate filiation. However, if the adoptee and his/her biological
parent(s) had left a will, the law on testamentary succession shall govern.
ARTICLE VI 
 RESCISSION OF ADOPTION
Section 19. Grounds for Rescission of Adoption. – Upon petition of the
adoptee, with the assistance of the Department if a minor or if over eighteen
(18) years of age but is incapacitated, as guardian/counsel, the adoption may
be rescinded on any of the following grounds committed by the adopter(s): (a)
repeated physical and verbal maltreatment by the adopter(s) despite having
undergone counseling; (b) attempt on the life of the adoptee; (c) sexual assault
or violence; or (d) abandonment and failure to comply with parental
obligations.
Adoption, being in the best interest of the child, shall not be subject to
rescission by the adopter(s). However, the adopter(s) may disinherit the
adoptee for causes provided in Article 919 of the Civil Code.
Section 20. Effects of Rescission. – If the petition is granted, the parental
authority of the adoptee's biological parent(s), if known, or the legal custody of
the Department shall be restored if the adoptee is still a minor or incapacitated.
The reciprocal rights and obligations of the adopter(s) and the adoptee to each
other shall be extinguished.
The court shall order the Civil Registrar to cancel the amended certificate of
birth of the adoptee and restore his/her original birth certificate.
Succession rights shall revert to its status prior to adoption, but only as of the
date of judgment of judicial rescission. Vested rights acquired prior to judicial
rescission shall be respected.
All the foregoing effects of rescission of adoption shall be without prejudice to
the penalties imposable under the Penal Code if the criminal acts are properly
proven.
ARTICLE VII 
 VIOLATIONS AND PENALTIES
Section 21. Violations and Penalties. – (a) The penalty of imprisonment
ranging from six (6) years and one (1) day to twelve (12) years and/or a fine
not less than Fifty thousand pesos (P50,000.00), but not more than Two
hundred thousand pesos (P200,000.00) at the discretion of the court shall be
imposed on any person who shall commit any of the following acts:
(i) obtaining consent for an adoption through coercion, undue influence, fraud,
improper material inducement, or other similar acts;
(ii) non-compliance with the procedures and safeguards provided by the law
for adoption; or
(iii) subjecting or exposing the child to be adopted to danger, abuse, or
exploitation.
(b) Any person who shall cause the fictitious registration of the birth of a child
under the name(s) of a person(s) who is not his/her biological parent(s) shall
be guilty of simulation of birth, and shall be punished by prision mayor in its
medium period and a fine not exceeding Fifty thousand pesos (P50,000.00).
Any physician or nurse or hospital personnel who, in violation of his/her oath
of office, shall cooperate in the execution of the abovementioned crime shall
suffer the penalties herein prescribed and also the penalty of permanent
disqualification.
Any person who shall violate established regulations relating to the
confidentiality and integrity of records, documents, and communications of
adoption applications, cases, and processes shall suffer the penalty of
imprisonment ranging from one (1) year and one (1) day to two (2) years,
and/or a fine of not less than Five thousand pesos (P5,000.00) but not more
than Ten thousand pesos (P10,000.00), at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the consummated
offense under this Article shall be imposed upon the principals of the attempt
to commit any of the acts herein enumerated. Acts punishable under this
Article, when committed by a syndicate or where it involves two (2) or more
children shall be considered as an offense constituting child trafficking and
shall merit the penalty of reclusion perpetua.
Acts punishable under this Article are deemed committed by a syndicate if
carried out by a group of three (3) or more persons conspiring and/or
confederating with one another in carrying out any of the unlawful acts defined
under this Article. Penalties as are herein provided, shall be in addition to any
other penalties which may be imposed for the same acts punishable under
other laws, ordinances, executive orders, and proclamations.
When the offender is an alien, he/she shall be deported immediately after
service of sentence and perpetually excluded from entry to the country.
Any government official, employee or functionary who shall be found guilty of
violating any of the provisions of this Act, or who shall conspire with private
individuals shall, in addition to the above-prescribed penalties, be penalized in
accordance with existing civil service laws, rules and regulations: Provided,
That upon the filing of a case, either administrative or criminal, said
government official, employee, or functionary concerned shall automatically
suffer suspension until the resolution of the case.
Section 22. Rectification of Simulated Births. – A person who has, prior to the
effectivity of this Act, simulated the birth of a child shall not be punished for
such act: Provided, That the simulation of birth was made for the best interest
of the child and that he/she has been consistently considered and treated by - Applicability and distinctions between the Family Code, RA 8043 and
that person as his/her own son/daughter: Provided, further, That the RA 8552
application for correction of the birth registration and petition for adoption shall
be filed within five (5) years from the effectivity of this Act and completed
thereafter: Provided, finally, That such person complies with the procedure as
specified in Article IV of this Act and other requirements as determined by the
Department.

ARTICLE VIII 
 FINAL PROVISIONS

TAMARGO v. CA 209 S 518
Section 23. Adoption Resource and Referral Office. – There shall be
established an Adoption Resources and Referral Office under the Department
with the following functions: (a) monitor the existence, number, and flow of
children legally available for adoption and prospective adopter(s) so as to
facilitate their matching; (b) maintain a nationwide information and educational
campaign on domestic adoption; (c) keep records of adoption proceedings; (d)
generate resources to help child-caring and child-placing agencies and foster
homes maintain viability; and (e) do policy research in collaboration with the LAHOM v. SIBULO 07/14/2003
Intercountry Adoption Board and other concerned agencies. The office shall
be manned by adoption experts from the public and private sectors.
Section 24. Implementing Rules and Regulations. – Within six (6) months
from the promulgation of this Act, the Department, with the Council for the
Welfare of Children, the Office of Civil Registry General, the Department of
Justice, Office of the Solicitor General, and two (2) private individuals
representing child-placing and child-caring agencies shall formulate the
necessary guidelines to make the provisions of this Act operative. LANDINGIN v. REPUBLIC 06/27/2006

Section 25. Appropriations. – Such sum as may be necessary for the

implementation of the provisions of this Act shall be included in the General
Appropriations Act of the year following its enactment into law and thereafter.

Section 26. Repealing Clause. – Any law, presidential decree or issuance,

executive order, letter of instruction, administrative order, rule, or regulation
contrary to, or inconsistent with the provisions of this Act is hereby repealed, IN RE: PETITION FOR ADOPTION OF MICHELLE AND MICHAEL JUDE LIM 588 S 98
modified, or amended accordingly.

Section 27. Separability Clause. – If any provision of this Act is held invalid or
unconstitutional, the other provisions not affected thereby shall remain valid
and subsisting.

- Most provisions of the Family Code on adoption are repealed by RA

CASTRO v. GREG0R90 738 415
8552 except article 190 of said code.

BARTOLOME v. SSS 740 S 78
-Distribution of property of adopted child if he/she dies intestate
TITLE VIII SUPPORT
Art. 194. Support comprises everything indispensable for sustenance,
dwelling, clothing, medical attendance, education and transportation, in
keeping with the financial capacity of the family.
The education of the person entitled to be supported referred to in the
preceding paragraph shall include his schooling or training for some
profession, trade or vocation, even beyond the age of majority. Transportation
shall include expenses in going to and from school, or to and from place of
work. (290a)
Art. 105. Subject to the provisions of the succeeding articles, the following are
obliged to support each other to the whole extent set forth in the preceding
article:

(1) The spouses;
(2) Legitimate ascendants and descendants; 
 the payment of the same shall be divided between them in proportion to the
(3) Parents and their legitimate children and the legitimate and illegitimate
children of the latter;
 circumstances, the judge may order only one of them to furnish the support
(4) Parents and their illegitimate children and the legitimate and illegitimate
children of the latter; and

(5) Legitimate brothers and sisters, whether of full or half-blood (291a)


Art. 196. Brothers and sisters not legitimately related, whether of the full or
half-blood, are likewise bound to support each other to the full extent set forth
in Article 194, except only when the need for support of the brother or sister,
being of age, is due to a cause imputable to the claimant's fault or negligence.
(291a)


Art. 197. In case of legitimate ascendants; descendants, whether legitimate or
illegitimate; and brothers and sisters, whether legitimately or illegitimately
related, only the separate property of the person obliged to give support shall
be answerable provided that in case the obligor has no separate property, the
absolute community or the conjugal partnership, if financially capable, shall
advance the support, which shall be deducted from the share of the spouse
obliged upon the liquidation of the absolute community or of the conjugal
partnership. (n)
Art. 198. During the proceedings for legal separation or for annulment of
marriage, and for declaration of nullity of marriage, the spouses and their
children shall be supported from the properties of the absolute community or
the conjugal partnership. After the final judgment granting the petition, the
obligation of mutual support between the spouses ceases. However, in case
of legal separation, the court may order that the guilty spouse shall give
support to the innocent one, specifying the terms of such order. (292a)


Art. 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. (294a)


Art. 200. When the obligation to give support falls upon two or more persons,
resources of each.
 However, in case of urgent need and by special
provisionally, without prejudice to his right to claim from the other obligors the
share due from them.
When two or more recipients at the same time claim support from one
and the same person legally obliged to give it, should the latter not have
sufficient means to satisfy all claims, the order established in the preceding
article shall be followed, unless the concurrent obligees should be the spouse
and a child subject to parental authority, in which case the child shall be
preferred. (295a)


Art. 201. The amount of support, in the cases referred to in Articles 195 and
196, shall be in proportion to the resources or means of the giver and to the
necessities of the recipient. (296a)


Art. 202. Support in the cases referred to in the preceding article shall be -Concept and its characteristics
reduced or increased proportionately, according to the reduction or increase -Persons obliged to support each other, aount
of the necessities of the recipient and the resources or means of the person -Order of preference
obliged to furnish the same. (297a) -When is SUPPORT demandable

 -Option of person/s obliged to give support
Art. 203. The obligation to give support shall be demandable from the time the
person who has a right to receive the same needs it for maintenance, but it
shall not be paid except from the date of judicial or extra-judicial demand.
Support pendente lite may be claimed in accordance with the Rules of Court.
Payment shall be made within the first five days of each corresponding month
or when the recipient dies, his heirs shall not be obliged to return what he has
received in advance. (298a)

 DE ASIS v. CA 303 S 176
Art. 204. The person obliged to give support shall have the option to fulfill the
obligation either by paying the allowance fixed, or by receiving and maintaining
in the family dwelling the person who has a right to receive support. The latter
alternative cannot be availed of in case there is a moral or legal obstacle
thereto. (299a)

Art. 205. The right to receive support under this Title as well as any money or
property obtained as such support shall not be levied upon on attachment or GAN v. REYES 05/28/2002
execution. (302a)

Art. 206. When, without the knowledge of the person obliged to give support,
it is given by a stranger, the latter shall have a right to claim the same from the
former, unless it appears that he gave it without intention of being reimbursed.
(2164a)

Art. 207. When the person obliged to support another unjustly refuses or fails MANGONON v. CA 494 S 1
to give support when urgently needed by the latter, any third person may
furnish support to the needy individual, with right of reimbursement from the
person obliged to give support. This Article shall particularly apply when the
father or mother of a child under the age of majority unjustly refuses to support
or fails to give support to the child when urgently needed. (2166a)

Art. 208. In case of contractual support or that given by will, the excess in
amount beyond that required for legal support shall be subject to levy on LIM v. LIM 604 S 691
attachment or execution.
Furthermore, contractual support shall be subject to adjustment whenever
modification is necessary due to changes of circumstances manifestly beyond
the contemplation of the parties. (n)

DOLINA v. VALLECERA GR# 182367 12/15/2010
LIM-LUA v. LUA GR# 175279-80 06/05/2013
BBB v. AAA 750 S 188
TITLE IX
PARENTAL AUTHORITY
Chapter 1. General Provisions
Art. 209. Pursuant to the natural right and duty of parents over the person and
property of their unemancipated children, parental authority and responsibility
shall include the caring for and rearing them for civic consciousness and
efficiency and the development of their moral, mental and physical character
and well-being. (n)
Art. 210. Parental authority and responsibility may not be renounced or
transferred except in the cases authorized by law. (313a)
Art. 211. The father and the mother shall jointly exercise parental authority
over the persons of their common children. In case of disagreement, the
father's decision shall prevail, unless there is a judicial order to the contrary.
Children shall always observe respect and reverence towards their parents
and are obliged to obey them as long as the children are under parental
authority.(311a) chan robles virtual law library
Art. 212. In case of absence or death of either parent, the parent present shall
continue exercising parental authority. The remarriage of the surviving parent
shall not affect the parental authority over the children, unless the court
appoints another person to be the guardian of the person or property of the
children. (n)
Art. 213. In case of separation of the parents, parental authority shall be
exercised by the parent designated by the Court. The Court shall take into
account all relevant considerations, especially the choice of the child over
seven years of age, unless the parent chosen is unfit. (n)
Art. 214. In case of death, absence or unsuitability of the parents, substitute
parental authority shall be exercised by the surviving grandparent. In case
several survive, the one designated by the court, taking into account the same
consideration mentioned in the preceding article, shall exercise the
authority.(355a)
Art. 215. No descendant shall be compelled, in a criminal case, to testify
against his parents and grandparents, except when such testimony is
indispensable in a crime against the descendant or by one parent against the
other. (315a) 

Chapter 2. Substitute and Special Parental Authority
Art. 216. In default of parents or a judicially appointed guardian, the following
person shall exercise substitute parental authority over the child in the order
indicated:
(1) The surviving grandparent, as provided in Art. 214;
(2) The oldest brother or sister, over twenty-one years of age, unless unfit or
disqualified; and 

(3) The child's actual custodian, over twenty-one years of age, unless unfit or
disqualified.

Whenever the appointment or a judicial guardian over the property of the child
becomes necessary, the same order of preference shall be observed. (349a,
351a, 354a)
Art. 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. (314a)
Art. 218. The school, its administrators and teachers, or the individual, entity
or institution engaged in child are shall have special parental authority and
responsibility over the minor child while under their supervision, instruction or
custody.
 Authority and responsibility shall apply to all authorized activities (8) To perform such other duties as are imposed by law upon parents and
whether inside or outside the premises of the school, entity or guardians. (316a)

institution. (349a)
Art. 221. Parents and other persons exercising parental authority shall be
Art. 129. Those given the authority and responsibility under the preceding
civilly liable for the injuries and damages caused by the acts or omissions of
Article shall be principally and solidarily liable for damages caused by the acts
their unemancipated children living in their company and under their parental
or omissions of the unemancipated minor. The parents, judicial guardians or
authority subject to the appropriate defenses provided by law. (2180(2)a and
the persons exercising substitute parental authority over said minor shall be
(4)a )
subsidiarily liable.
The respective liabilities of those referred to in the preceding
Art. 222. The courts may appoint a guardian of the child's property or a
paragraph shall not apply if it is proved that they exercised the proper diligence
guardian ad litem when the best interests of the child so requires. (317)
required under the particular circumstances.
All other cases not covered by this and the preceding articles shall be
Art. 223. The parents or, in their absence or incapacity, the individual, entity
governed by the provisions of the Civil Code on quasi-delicts. (n) 
 or institution exercising parental authority, may petition the proper court of the
place where the child resides, for an order providing for disciplinary measures
Chapter 3. Effect of Parental Authority over the child. The child shall be entitled to the assistance of counsel, either of
Upon the Persons of the Children his choice or appointed by the court, and a summary hearing shall be
conducted wherein the petitioner and the child shall be heard.
Art. 220. The parents and those exercising parental authority shall have with However, if in the same proceeding the court finds the petitioner at fault,
the respect to their unemancipated children on wards the following rights and irrespective of the merits of the petition, or when the circumstances so warrant,
duties: the court may also order the deprivation or suspension of parental authority or
(1) To keep them in their company, to support, educate and instruct them by adopt such other measures as it may deem just and proper. (318a)
right precept and good example, and to provide for their upbringing in keeping
with their means; Art. 224. The measures referred to in the preceding article may include the
(2) To give them love and affection, advice and counsel, companionship and commitment of the child for not more than thirty days in entities or institutions
understanding; 
 engaged in child care or in children's homes duly accredited by the proper
government agency.
(3) To provide them with moral and spiritual guidance, inculcate in them
The parent exercising parental authority shall not interfere with the
honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate
care of the child whenever committed but shall provide for his support. Upon
their interest in civic affairs, and inspire in them compliance with the duties of
proper petition or at its own instance, the court may terminate the commitment
citizenship; 

of the child whenever just and proper. (391a) 

(4) To furnish them with good and wholesome educational materials, supervise
their activities, recreation and association with others, protect them from bad
Chapter 4. Effect of Parental Authority Upon
company, and prevent them from acquiring habits detrimental to their health,
the Property of the Children
studies and morals; 

(5) To represent them in all matters affecting their interests; 
 Art. 225. The father and the mother shall jointly exercise legal guardianship
over the property of the unemancipated common child without the necessity of
(6) To demand from them respect and obedience; 
 a court appointment. In case of disagreement, the father's decision shall
(7) To impose discipline on them as may be required under the circumstances; prevail, unless there is a judicial order to the contrary.
and 
 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.
SCHOOL OF HOLY SPIRITY OF QC v. TAGUIM 558 S 223
The petition shall be docketed as a summary special proceeding in -CONCEPT OF THE FILIAL PREVILEGE RULE, its exceptions
which all incidents and issues regarding the performance of the obligations -Liability of persons exercising parental and special parental authority for the tort or
referred to in the second paragraph of this Article shall be heard and resolved. act/omission committed by a child
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)

Art. 226. 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 ESPIRITU v. CA 242 S 362
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)

Art. 227. If the parents entrust the management or administration of any of SANTOS, SR. v. CA 242 S 407
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) 

ESLAO v. CA 266 S 317
-Who shall exercise parental authority: a.) if both parents are alive; b.) in
cases of annulment or legal separation; c.) in cases of remarriage; and
d.) in cases of absence or unsuitability

LAXAMANA v. LAXAMANA 09/03/2002

CARAVAN TRAVEL TOURS v. ABEJAR 783 S 368 (LEONEN)

Who shall exercise SUBSTITUTE PARENTAL AUTHORITY
 GUALBERTO v. GUALBERTO 461 S 451
SALIENTES v. ABANILLA 08/ 29/2006
GAMBOA-HIRSCH v. CA 527 S 380
DACASIN v. DACASIN 02/05/2010
-Rights and duties of parents to their unemancipated children
-Guardian/administrator over the property of unemancipated child, requirements
-When shall Article 225 of the Family Code apply and when shall ordinary rules on
guardianship given application
-Default standard on child custody proceedings
-Principles of “BEST INTEREST OF THE CHILD”; “TENDER AGE PRESUMPTION”
Chapter 5. Suspension or Termination of Parental Authority
Art. 228. Parental authority terminates permanently:
(1) Upon the death of the parents;
(2) Upon the death of the child; or 

(3) Upon emancipation of the child. (327a)
 Art. 233. The person exercising substitute parental authority shall have the
Art. 229. Unless subsequently revived by a final judgment, parental authority
also terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general guardian; 

(3) Upon judicial declaration of abandonment of the child in a case filed for the
purpose; 
 -Other grounds for termination but may be revived
(4) Upon final judgment of a competent court divesting the party concerned of
parental authority; or 

(5) Upon judicial declaration of absence or incapacity of the person exercising
parental authority. (327a)

Art. 230. Parental authority is suspended upon conviction of the parent or the
person exercising the same of a crime which carries with it the penalty of civil
interdiction. The authority is automatically reinstated upon service of the
penalty or upon pardon or amnesty of the offender. (330a)
Art. 231. The court in an action filed for the purpose in a related case may also
suspend parental authority if the parent or the person exercising the same:
(1) Treats the child with excessive harshness or cruelty;
(2) Gives the child corrupting orders, counsel or example; 

(3) Compels the child to beg; or 

(4) Subjects the child or allows him to be subjected to acts of lasciviousness.

The grounds enumerated above are deemed to include cases which
have resulted from culpable negligence of the parent or the person exercising
parental authority.
If the degree of seriousness so warrants, or the welfare of the child so
demands, the court shall deprive the guilty party of parental authority or adopt
such other measures as may be proper under the circumstances.
The suspension or deprivation may be revoked and the parental
authority revived in a case filed for the purpose or in the same proceeding if
the court finds that the cause therefor has ceased and will not be
repeated. (33a)
Art. 232. If the person exercising parental authority has subjected the child or
allowed him to be subjected to sexual abuse, such person shall be
permanently deprived by the court of such authority. (n)
same authority over the person of the child as the parents.
In no case shall the school administrator, teacher of individual engaged in child
care exercising special parental authority inflict corporal punishment upon the
child. (n) 

GROUNDS – Permanent Termination
-Suspension
-Permanent deprivation
TORRES v. PEOPLE (LEONEN) 814 S 547
RA 7610 – CHILD ABUSE, EXPLOITATION AND DISCRIMINATION
Republic Act No. 7610 June 17, 1992
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL
PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled::
ARTICLE I
 Title, Policy, Principles and Definitions of Terms
Section 1. Title. – This Act shall be known as the "Special Protection of
Children Against Abuse, Exploitation and Discrimination Act."
Section 2. Declaration of State Policy and Principles. – It is hereby declared
to be the policy of the State to provide special protection to children from all
firms of abuse, neglect, cruelty exploitation and discrimination and other
conditions, prejudicial their development; provide sanctions for their
commission and carry out a program for prevention and deterrence of and
crisis intervention in situations of child abuse, exploitation and discrimination.
The State shall intervene on behalf of the child when the parent, guardian,
teacher or person having care or custody of the child fails or is unable to protect
the child against abuse, exploitation and discrimination or when such acts
against the child are committed by the said parent, guardian, teacher or person
having care and custody of the same.1awphi1@alf
It shall be the policy of the State to protect and rehabilitate children gravely
threatened or endangered by circumstances which affect or will affect their
survival and normal development and over which they have no control.
The best interests of children shall be the paramount consideration in all
actions concerning them, whether undertaken by public or private social
welfare institutions, courts of law, administrative authorities, and legislative
bodies, consistent with the principle of First Call for Children as enunciated in
the United Nations Convention of the Rights of the Child. Every effort shall be
exerted to promote the welfare of children and enhance their opportunities for
a useful and happy life.
Section 3. Definition of Terms. –
(a) "Children" refers to person below eighteen (18) years of age or those over
but are unable to fully take care of themselves or protect themselves from
abuse, neglect, cruelty, exploitation or discrimination because of a physical or
mental disability or condition;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the
child which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the
intrinsic worth and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and
shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting
in serious impairment of his growth and development or in his permanent
incapacity or death.
(c) "Circumstances which gravely threaten or endanger the survival and
normal development of children" include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by
armed conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal which unduly
interfere with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas
without the care of parents or a guardian or basic services needed for a good
quality of life;
(4) Being a member of a indigenous cultural community and/or living under
conditions of extreme poverty or in an area which is underdeveloped and/or
lacks or has inadequate access to basic services needed for a good quality of
life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life,
safety or normal development of children.
(d) "Comprehensive program against child abuse, exploitation and
discrimination" refers to the coordinated program of services and facilities to
protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal
development of children.1awphi1Ÿ
ARTICLE II
 Program on Child Abuse, Exploitation and Discrimination
Section 4. Formulation of the Program. – There shall be a comprehensive
program to be formulated, by the Department of Justice and the Department
of Social Welfare and Development in coordination with other government
agencies and private sector concerned, within one (1) year from the effectivity
of this Act, to protect children against child prostitution and other sexual abuse;
child trafficking, obscene publications and indecent shows; other acts of
abuse; and circumstances which endanger child survival and normal
development.
ARTICLE III
 Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether
male or female, who for money, profit, or any other consideration or due to the
coercion or influence of any adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua
shall be imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution
which include, but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or
oral advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as
prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute;
or
(5) Giving monetary consideration goods or other pecuniary benefit to a child
with intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with
a child exploited in prostitution or subject to other sexual abuse; Provided, That
when the victims is under twelve (12) years of age, the perpetrators shall be
prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No.
3815, as amended, the Revised Penal Code, for rape or lascivious conduct,
as the case may be: Provided, That the penalty for lascivious conduct when
the victim is under twelve (12) years of age shall be reclusion temporal in its
medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or
owner of the establishment where the prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment or establishment serving as a cover
or which engages in prostitution in addition to the activity for which the license
has been issued to said establishment.
Section 6. Attempt To Commit Child Prostitution. – There is an attempt to
commit child prostitution under Section 5, paragraph (a) hereof when any
person who, not being a relative of a child, is found alone with the said child
inside the room or cubicle of a house, an inn, hotel, motel, pension house,
apartelle or other similar establishments, vessel, vehicle or any other hidden
or secluded area under circumstances which would lead a reasonable person
to believe that the child is about to be exploited in prostitution and other sexual
abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of
Section 5 hereof when any person is receiving services from a child in a sauna
parlor or bath, massage clinic, health club and other similar establishments. A
penalty lower by two (2) degrees than that prescribed for the consummated
felony under Section 5 hereof shall be imposed upon the principals of the
attempt to commit the crime of child prostitution under this Act, or, in the proper
case, under the Revised Penal Code.
ARTICLE IV
 Child Trafficking
Section 7. Child Trafficking. – Any person who shall engage in trading and
dealing with children including, but not limited to, the act of buying and selling
of a child for money, or for any other consideration, or barter, shall suffer the
penalty of reclusion temporal to reclusion perpetua. The penalty shall be
imposed in its maximum period when the victim is under twelve (12) years of
age.
Section 8. Attempt to Commit Child Trafficking. – There is an attempt to
commit child trafficking under Section 7 of this Act:
(a) When a child travels alone to a foreign country without valid reason therefor
and without clearance issued by the Department of Social Welfare and
Development or written permit or justification from the child's parents or legal
guardian;
(c) When a person, agency, establishment or child-caring institution recruits
women or couples to bear children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local
civil registrar or any other person simulates birth for the purpose of child
trafficking; or
(e) When a person engages in the act of finding children among low-income
families, hospitals, clinics, nurseries, day-care centers, or other child-during
institutions who can be offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated
felony under Section 7 hereof shall be imposed upon the principals of the
attempt to commit child trafficking under this Act.
ARTICLE V
 Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. – Any person who
shall hire, employ, use, persuade, induce or coerce a child to perform in
obscene exhibitions and indecent shows, whether live or in video, or model in
obscene publications or pornographic materials or to sell or distribute the said
materials shall suffer the penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve
(12) years of age, the penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of
a child who shall cause and/or allow such child to be employed or to participate
in an obscene play, scene, act, movie or show or in any other acts covered by
this section shall suffer the penalty of prision mayor in its medium period.
ARTICLE VI
 Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other
Conditions Prejudicial to the Child's Development. –
(a) Any person who shall commit any other acts of child abuse, cruelty or
exploitation or to be responsible for other conditions prejudicial to the child's
development including those covered by Article 59 of Presidential Decree No.
603, as amended, but not covered by the Revised Penal Code, as amended,
shall suffer the penalty of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12)
years or under or who in ten (10) years or more his junior in any public or
private place, hotel, motel, beer joint, discotheque, cabaret, pension house,
sauna or massage parlor, beach and/or other tourist resort or similar places
shall suffer the penalty of prision mayor in its maximum period and a fine of
not less than Fifty thousand pesos (P50,000): Provided, That this provision
shall not apply to any person who is related within the fourth degree of
consanguinity or affinity or any bond recognized by law, local custom and
tradition or acts in the performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited
by this Act to keep or have in his company a minor as provided in the preceding
paragraph shall suffer the penalty of prision mayor in its medium period and a
fine of not less than Forty thousand pesos (P40,000); Provided, however, That
should the perpetrator be an ascendant, stepparent or guardian of the minor,
the penalty to be imposed shall be prision mayor in its maximum period, a fine
of not less than Fifty thousand pesos (P50,000), and the loss of parental
authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation of any
public or private place of accommodation, whether for occupancy, food, drink
or otherwise, including residential places, who allows any person to take along
with him to such place or places any minor herein described shall be imposed
a penalty of prision mayor in its medium period and a fine of not less than Fifty
thousand pesos (P50,000), and the loss of the license to operate such a place
or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any
other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional
in its medium period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable
under Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No.
3815, as amended, the Revised Penal Code, for the crimes of murder,
homicide, other intentional mutilation, and serious physical injuries,
respectively, shall be reclusion perpetua when the victim is under twelve (12)
years of age. The penalty for the commission of acts punishable under Article
337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code,
for the crimes of qualified seduction, acts of lasciviousness with the consent of
the offended party, corruption of minors, and white slave trade, respectively,
shall be one (1) degree higher than that imposed by law when the victim is
under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the
care of the Department of Social Welfare and Development.
ARTICLE VII
 Sanctions for Establishments or Enterprises
Section 11. Sanctions of Establishments or Enterprises which Promote,
Facilitate, or Conduct Activities Constituting Child Prostitution and Other
Sexual Abuse, Child Trafficking, Obscene Publications and Indecent Shows,
and Other Acts of Abuse. – All establishments and enterprises which promote
or facilitate child prostitution and other sexual abuse, child trafficking, obscene
publications and indecent shows, and other acts of abuse shall be immediately
closed and their authority or license to operate cancelled, without prejudice to
the owner or manager thereof being prosecuted under this Act and/or the
Revised Penal Code, as amended, or special laws. A sign with the words "off
limits" shall be conspicuously displayed outside the establishments or
enterprises by the Department of Social Welfare and Development for such
period which shall not be less than one (1) year, as the Department may
determine. The unauthorized removal of such sign shall be punishable by
prision correccional.
An establishment shall be deemed to promote or facilitate child prostitution
and other sexual abuse, child trafficking, obscene publications and indecent
shows, and other acts of abuse if the acts constituting the same occur in the
premises of said establishment under this Act or in violation of the Revised
Penal Code, as amended. An enterprise such as a sauna, travel agency, or
recruitment agency which: promotes the aforementioned acts as part of a tour
for foreign tourists; exhibits children in a lewd or indecent show; provides child
masseurs for adults of the same or opposite sex and said services include any
lascivious conduct with the customers; or solicits children or activities
constituting the aforementioned acts shall be deemed to have committed the
acts penalized herein.
ARTICLE VIII
 Working Children
Section 12. Employment of Children. – Children below fifteen (15) years of
age may be employed except:
(1) When a child works directly under the sole responsibility of his parents or
legal guardian and where only members of the employer's family are
employed: Provided, however, That his employment neither endangers his life,
safety and health and morals, nor impairs his normal development: Provided,
further, That the parent or legal guardian shall provide the said minor child with
the prescribed primary and/or secondary education; or
(2) When a child's employment or participation in public & entertainment or
information through cinema, theater, radio or television is essential: Provided,
The employment contract concluded by the child's parent or guardian, with the
express agreement of the child concerned, if possible, and the approval of the
Department of Labor and Employment: Provided, That the following
requirements in all instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety and morals of the
child;
(b) the employer shall institute measures to prevent the child's exploitation or
discrimination taking into account the system and level of remuneration, and
the duration and arrangement of working time; and;
(c) The employer shall formulate and implement, subject to the approval and
supervision of competent authorities, a continuing program for training and skill
acquisition of the child.
In the above exceptional cases where any such child may be employed, the
employer shall first secure, before engaging such child, a work permit from the
Department of Labor and Employment which shall ensure observance of the
above requirement.
The Department of Labor Employment shall promulgate rules and regulations
necessary for the effective implementation of this Section.
Section 13. Non-formal Education for Working Children. – The Department of
Education, Culture and Sports shall promulgate a course design under its non-
formal education program aimed at promoting the intellectual, moral and
vocational efficiency of working children who have not undergone or finished
elementary or secondary education. Such course design shall integrate the
learning process deemed most effective under given circumstances.
Section 14. Prohibition on the Employment of Children in Certain
Advertisements. – No person shall employ child models in all commercials or
advertisements promoting alcoholic beverages, intoxicating drinks, tobacco
and its byproducts and violence.
Section 15. Duty of Employer. – Every employer shall comply with the duties
provided for in Articles 108 and 109 of Presidential Decree No. 603.
Section 16. Penalties. – Any person who shall violate any provision of this
Article shall suffer the penalty of a fine of not less than One thousand pesos
(P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment of
not less than three (3) months but not more than three (3) years, or both at the
discretion of the court; Provided, That, in case of repeated violations of the
provisions of this Article, the offender's license to operate shall be revoked.
ARTICLE IX
 Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. – In addition to the rights
guaranteed to children under this Act and other existing laws, children of
indigenous cultural communities shall be entitled to protection, survival and
development consistent with the customs and traditions of their respective
communities.
Section 18. System of and Access to Education. – The Department of
Education, Culture and Sports shall develop and institute an alternative system
of education for children of indigenous cultural communities which culture-
specific and relevant to the needs of and the existing situation in their
communities. The Department of Education, Culture and Sports shall also
accredit and support non-formal but functional indigenous educational
programs conducted by non-government organizations in said communities.
Section 19. Health and Nutrition. – The delivery of basic social services in
health and nutrition to children of indigenous cultural communities shall be
given priority by all government agencies concerned. Hospitals and other
health institution shall ensure that children of indigenous cultural communities
are given equal attention. In the provision of health and nutrition services to
children of indigenous cultural communities, indigenous health practices shall
be respected and recognized.
Section 20. Discrimination. – Children of indigenous cultural communities
shall not be subjected to any and all forms of discrimination.
Any person who discriminate against children of indigenous cultural
communities shall suffer a penalty of arresto mayor in its maximum period and
a fine of not less than Five thousand pesos (P5,000) more than Ten thousand
pesos (P10,000).
Section 21. Participation. – Indigenous cultural communities, through their
duly-designated or appointed representatives shall be involved in planning,
decision-making implementation, and evaluation of all government programs
affecting children of indigenous cultural communities. Indigenous institution
shall also be recognized and respected.
ARTICLE X
 Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. – Children are hereby declared as
Zones of Peace. It shall be the responsibility of the State and all other sectors
concerned to resolve armed conflicts in order to promote the goal of children
as zones of peace. To attain this objective, the following policies shall be
observed.
(a) Children shall not be the object of attack and shall be entitled to special
respect. They shall be protected from any form of threat, assault, torture or
other cruel, inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces
of the Philippines of its civilian units or other armed groups, nor be allowed to
take part in the fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and
emergency relief services shall be kept unhampered;
(d) The safety and protection of those who provide services including those
involved in fact-finding missions from both government and non-government
institutions shall be ensured. They shall not be subjected to undue harassment
in the performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall
not be utilized for military purposes such as command posts, barracks,
detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families
temporarily separated due to armed conflict.
Section 23. Evacuation of Children During Armed Conflict. – Children shall be
given priority during evacuation as a result of armed conflict. Existing
community organizations shall be tapped to look after the safety and well-
being of children during evacuation operations. Measures shall be taken to
ensure that children evacuated are accompanied by persons responsible for
their safety and well-being.
Section 24. Family Life and Temporary Shelter. – Whenever possible,
members of the same family shall be housed in the same premises and given
separate accommodation from other evacuees and provided with facilities to
lead a normal family life. In places of temporary shelter, expectant and nursing
mothers and children shall be given additional food in proportion to their
physiological needs. Whenever feasible, children shall be given opportunities
for physical exercise, sports and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to Armed
Conflict. – Any child who has been arrested for reasons related to armed
conflict, either as combatant, courier, guide or spy is entitled to the following
rights;
(a) Separate detention from adults except where families are accommodated
as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child;
and
(d) Release of the child on recognizance within twenty-four (24) hours to the
custody of the Department of Social Welfare and Development or any
responsible member of the community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find
that the aforesaid child committed the acts charged against him, the court shall
determine the imposable penalty, including any civil liability chargeable against
him. However, instead of pronouncing judgment of conviction, the court shall
suspend all further proceedings and shall commit such child to the custody or
care of the Department of Social Welfare and Development or to any training
institution operated by the Government, or duly-licensed agencies or any other
responsible person, until he has had reached eighteen (18) years of age or,
for a shorter period as the court may deem proper, after considering the reports
and recommendations of the Department of Social Welfare and Development
or the agency or responsible individual under whose care he has been
committed.
The aforesaid child shall subject to visitation and supervision by a
representative of the Department of Social Welfare and Development or any
duly-licensed agency or such other officer as the court may designate subject
to such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order
of the court in the same manner as appeals in criminal cases.
Section 26. Monitoring and Reporting of Children in Situations of Armed
Conflict. – The chairman of the barangay affected by the armed conflict shall
submit the names of children residing in said barangay to the municipal social
welfare and development officer within twenty-four (24) hours from the
occurrence of the armed conflict.
ARTICLE XI
 Remedial Procedures
Section 27. Who May File a Complaint. – Complaints on cases of unlawful
acts committed against the children as enumerated herein may be filed by the
following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of
consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and
Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation
occurred.
Section 28. Protective Custody of the Child. – The offended party shall be
immediately placed under the protective custody of the Department of Social
Welfare and Development pursuant to Executive Order No. 56, series of 1986.
In the regular performance of this function, the officer of the Department of
Social Welfare and Development shall be free from any administrative, civil or
criminal liability. Custody proceedings shall be in accordance with the
provisions of Presidential Decree No. 603.
Section 29. Confidentiality. – At the instance of the offended party, his name
may be withheld from the public until the court acquires jurisdiction over the
case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case
of printed materials, announcer or producer in case of television and radio
broadcasting, producer and director of the film in case of the movie industry,
to cause undue and sensationalized publicity of any case of violation of this
Act which results in the moral degradation and suffering of the offended party.
Section 30. Special Court Proceedings. – Cases involving violations of this
Act shall be heard in the chambers of the judge of the Regional Trial Court
duly designated as Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the
exception of habeas corpus, election cases, and cases involving detention
prisoners and persons covered by Republic Act No. 4908, all courts shall give
preference to the hearing or disposition of cases involving violations of this
Act.
ARTICLE XII 
 Common Penal Provisions
Section 31. Common Penal Provisions. –
(a) The penalty provided under this Act shall be imposed in its maximum period
if the offender has been previously convicted under this Act;
(b) When the offender is a corporation, partnership or association, the officer
or employee thereof who is responsible for the violation of this Act shall suffer
the penalty imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its maximum period when
the perpetrator is an ascendant, parent guardian, stepparent or collateral
relative within the second degree of consanguinity or affinity, or a manager or
owner of an establishment which has no license to operate or its license has
expired or has been revoked;
(d) When the offender is a foreigner, he shall be deported immediately after
service of sentence and forever barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum period
if the offender is a public officer or employee: Provided, however, That if the
penalty imposed is reclusion perpetua or reclusion temporal, then the penalty
of perpetual or temporary absolute disqualification shall also be imposed:
Provided, finally, That if the penalty imposed is prision correccional or arresto
mayor, the penalty of suspension shall also be imposed; and
(f) A fine to be determined by the court shall be imposed and administered as
a cash fund by the Department of Social Welfare and Development and
disbursed for the rehabilitation of each child victim, or any immediate member
of his family if the latter is the perpetrator of the offense.
ARTICLE XIII
 Final Provisions
Section 32. Rules and Regulations. – Unless otherwise provided in this Act,
the Department of Justice, in coordination with the Department of Social
Welfare and Development, shall promulgate rules and regulations of the
effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in two (2)
national newspapers of general circulation.
Section 33. Appropriations. – The amount necessary to carry out the
provisions of this Act is hereby authorized to be appropriated in the General
Appropriations Act of the year following its enactment into law and thereafter.
Section 34. Separability Clause. – If any provision of this Act is declared
invalid or unconstitutional, the remaining provisions not affected thereby shall
continue in full force and effect.
Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with
the provisions of this Acts are hereby repealed or modified accordingly.
TITLE X
EMANCIPATION AND AGE OF MAJORITY
Art. 234. Emancipation takes place by the attainment of majority. Unless
otherwise provided, majority commences at the age of twenty-one years.
Emancipation also takes place:
(1) By the marriage of the minor; or
(2) By the recording in the Civil Register of an agreement in a public instrument
executed by the parent exercising parental authority and the minor at least
eighteen years of age. Such emancipation shall be irrevocable. (397a, 398a,
400a, 401a)

Art. 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. (n)
Art. 236. Emancipation for any cause shall terminate parental authority over
the person and property of the child who shall then be qualified and
responsible for all acts of civil life. (412a)
Art. 237. The annulment or declaration of nullity of the marriage of a minor or
of the recorded agreement mentioned in the foregoing. Articles 234 and 235
shall revive the parental authority over the minor but shall not affect acts and
transactions that took place prior to the recording of the final judgment in the
Civil Register. (n) 
 Chapter 2. Separation in Fact
Republic Act No. 6809 December 13, 1989
AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE TO
EIGHTEEN YEARS, AMENDING FOR THE PURPOSE EXECUTIVE
ORDER NUMBERED TWO HUNDRED NINE, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled::
Section 1. Article 234 of Executive Order No. 209, the Family Code of the
Philippines, is hereby amended to read as follows:
"Art. 234. Emancipation takes place by the attainment of majority. Unless
otherwise provided, majority commences at the age of eighteen years."
Section 2. Articles 235 and 237 of the same Code are hereby repealed.
Section 3. Article 236 of the same Code is also hereby amended to read as
follows:
"Art. 236. Emancipation shall terminate parental authority over the person and
property of the child who shall then be qualified and responsible for all acts of
civil life, save the exceptions established by existing laws in special cases.
"Contracting marriage shall require parental consent until the age of twenty-
one.
"Nothing in this Code shall be construed to derogate from the duty or
responsibility of parents and guardians for children and wards below twenty-
one years of age mentioned in the second and third paragraphs of Article 2180
of the Civil Code."
Section 4. Upon the effectivity of this Act, existing wills, bequests, donations,
grants, insurance policies and similar instruments containing references and
provisions favorable to minors will not retroact to their prejudice.
TITLE XI
SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW
Chapter 1. Prefatory Provisions
Art. 238. Until modified by the Supreme Court, the procedural rules provided
for in this Title shall apply as regards separation in fact between husband and
wife, abandonment by one of the other, and incidents involving parental
authority. (n)
Art. 239. When a husband and wife are separated in fact, or one has
abandoned the other and one of them seeks judicial authorization for a
transaction where the consent of the other spouse is required by law but such
consent is withheld or cannot be obtained, a verified petition may be filed in
court alleging the foregoing facts.
The petition shall attach the proposed deed, if any, embodying the transaction,
and, if none, shall describe in detail the said transaction and state the reason
why the required consent thereto cannot be secured. In any case, the final
deed duly executed by the parties shall be submitted to and approved by the
court. (n)
Art. 240. Claims for damages by either spouse, except costs of the
proceedings, may be litigated only in a separate action. (n)
Art. 241. Jurisdiction over the petition shall, upon proof of notice to the other
spouse, be exercised by the proper court authorized to hear family cases, if
one exists, or in the regional trial court or its equivalent sitting in the place
where either of the spouses resides. (n)
Art. 242. Upon the filing of the petition, the court shall notify the other spouse,
whose consent to the transaction is required, of said petition, ordering said
spouse to show cause why the petition should not be granted, on or before the
date set in said notice for the initial conference. The notice shall be
accompanied by a copy of the petition and shall be served at the last known
address of the spouse concerned. (n)
Art. 243. A preliminary conference shall be conducted by the judge personally
without the parties being assisted by counsel. After the initial conference, if the
court deems it useful, the parties may be assisted by counsel at the
succeeding conferences and hearings. (n)
Art. 244. In case of non-appearance of the spouse whose consent is sought,
the court shall inquire into the reasons for his failure to appear, and shall
require such appearance, if possible. (n)
Art. 245. If, despite all efforts, the attendance of the non-consenting spouse is
not secured, the court may proceed ex parte and render judgment as the facts
and circumstances may warrant. In any case, the judge shall endeavor to
protect the interests of the non-appearing spouse. (n)
Art. 246. If the petition is not resolved at the initial conference, said petition
shall be decided in a summary hearing on the basis of affidavits, documentary
evidence or oral testimonies at the sound discretion of the court. If testimony
is needed, the court shall specify the witnesses to be heard and the subject-
matter of their testimonies, directing the parties to present said witnesses. (n)
Art. 247. The judgment of the court shall be immediately final and
executory. (n)
Art. 248. The petition for judicial authority to administer or encumber specific
separate property of the abandoning spouse and to use the fruits or proceeds
thereof for the support of the family shall also be governed by these
rules. (n) 

Chapter 3. Incidents Involving Parental Authority
Art. 249. Petitions filed under Articles 223, 225 and 235 of this Code involving
parental authority shall be verified. (n)
Art. 250. Such petitions shall be verified and filed in the proper court of the
place where the child resides. (n)
Art. 251. Upon the filing of the petition, the court shall notify the parents or, in
their absence or incapacity, the individuals, entities or institutions exercising
parental authority over the child. (n)
Art. 252. The rules in Chapter 2 hereof shall also govern summary
proceedings under this Chapter insofar as they are applicable. (n) 

Chapter 4. Other Matters Subject to Summary Proceedings
Art. 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 127,
insofar as they are applicable. (n)
TITLE XII
FINAL PROVISIONS
Art. 254. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of Republic Act No.
386, otherwise known as the Civil Code of the Philippines, as amended, and
Articles 17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41, and 42 of Presidential Decree
No. 603, otherwise known as the Child and Youth Welfare Code, as amended,
and all laws, decrees, executive orders, proclamations, rules and regulations,
or parts thereof, inconsistent herewith are hereby repealed.
Art. 255. If any provision of this Code is held invalid, all the other provisions
not affected thereby shall remain valid.
Art. 256. This Code shall have retroactive effect insofar as it does not prejudice
or impair vested or acquired rights in accordance with the Civil Code or other
laws.
REPUBLIC v. CA 05/06/2005
REPUBLIC v. LORINO 01/09/2005
REPUBLIC v. TANGO GR#161062 07/31/2009
Title XIII. - USE OF SURNAMES (n)
Art. 364. Legitimate and legitimated children shall principally use the surname
of the father.
Art. 365. An adopted child shall bear the surname of the adopter.
Art. 366. A natural child acknowledged by both parents shall principally use
the surname of the father. If recognized by only one of the parents, a natural
child shall employ the surname of the recognizing parent.
Art. 367. Natural children by legal fiction shall principally employ the surname
of the father.
Art. 368. Illegitimate children referred to in Article 287 shall bear the surname
of the mother.
Art. 369. Children conceived before the decree annulling a voidable marriage
shall principally use the surname of the father.
Art. 370. A married woman may use:
(1) Her maiden first name and surname and add her husband's surname, or

(2) Her maiden first name and her husband's surname or

(3) Her husband's full name, but prefixing a word indicating that she is his wife,
such as "Mrs."

Art. 371. In case of annulment of marriage, and the wife is the guilty party, she
shall resume her maiden name and surname. If she is the innocent spouse,
she may resume her maiden name and surname. However, she may choose
to continue employing her former husband's surname, unless:
(1) The court decrees otherwise, or

(2) She or the former husband is married again to another person.

Art. 372. When legal separation has been granted, the wife shall continue
using her name and surname employed before the legal separation.
Art. 373. A widow may use the deceased husband's surname as though he
were still living, in accordance with Article 370.
Art. 374. In case of identity of names and surnames, the younger person shall
be obliged to use such additional name or surname as will avoid confusion.
Art. 375. In case of identity of names and surnames between ascendants and
descendants, the word "Junior" can be used only by a son. Grandsons and
other direct male descendants shall either:
(1) Add a middle name or the mother's surname, or
 (2) Add the Roman
Numerals II, III, and so on.

Art. 376. No person can change his name or surname without judicial
authority.
Art. 377. Usurpation of a name and surname may be the subject of an action
for damages and other relief.
Art. 378. The unauthorized or unlawful use of another person's surname gives
a right of action to the latter.

Art. 379. The employment of pen names or stage names is permitted, provided
it is done in good faith and there is no injury to third persons. Pen names and
stage names cannot be usurped.

Art. 380. Except as provided in the preceding article, no person shall use REMO v. SECRETARY OF DFA 03/05/2010
different names and surnames.



GRANDE v. ANTONIO 716 S 698

RULE 103 – SUBSTANTIAL CHANGES IN THE GIVEN NAME OR

SURNAME
REPUBLIC v. CA and VICENCIO 300 S 138
RULE 108 – CORRECTION OF CLERICAL ERRORS

IN RE: PETITION OF JULIAN LIN CARULASAN WANG 454 S 214

GAN v. REPUBLIC (REYES) 803 S 204

IN THE MATTER OF ADOPTION OF STEPHANIE NATHY ASTORGA GARCIA 03/31/2005

REPUBLIC v. SALI (PERALTA) 822 S 239

REPUBLIC v. CAPOTE 514 S 76

 BARCELOTE v. REPUBLIC (CARPIO) GR# 222095 08/07/17
CHUA v. REPUBLIC ( VELASCO) GR#231998 01/17/2018
REPUBLIC v. GALLO GR #207074 01/17/2018
RELATED LAWS:

REPUBLIC ACT NO. 9048 March 22, 2001
AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR
OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR
TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST
NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF A
JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES 376
AND 412 OF THE CIVIL CODE OF THE PHILIPPINES
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:
Section 1. Authority to Correct Clerical or Typographical Error and Change of
First Name or Nickname – No entry in a civil register shall be changed or
corrected without a judicial order, except for clerical or typographical errors
and change of first name or nickname which can be corrected or changed by
the concerned city or municipal civil registrar or consul general in accordance
with the provisions of this Act and its implementing rules and regulations.
Section 2. Definition of Terms – As used in this Act, the following terms shall
mean:
(1) "City or Municipal civil registrar" refers to the head of the local civil registry
office of the city or municipality, as the case may be, who is appointed as such
by the city or municipal mayor in accordance with the provisions of existing
laws.
(2) "Petitioner" refers to a natural person filing the petition and who has direct
and personal interest in the correction of a clerical or typographical error in an
entry or change of first name or nickname in the civil register.
(3) "Clerical or typographical error" refers to a mistake committed in the
performance of clerical work in writing, copying, transcribing or typing an entry
in the civil register that is harmless and innocuous, such as misspelled name
or misspelled place of birth or the like, which is visible to the eyes or obvious
to the understanding, and can be corrected or changed only by reference to
other existing record or records: Provided, however, That no correction must
involve the change of nationality, age, status or sex of the petitioner.
(4) "Civil Register" refers to the various registry books and related certificates
and documents kept in the archives of the local civil registry offices, Philippine
Consulates and of the Office of the Civil Registrar General.
(5) "Civil registrar general" refers to the Administrator of the National Statistics
Office which is the agency mandated to carry out and administer the provision
of laws on civil registration.
(6) "First name" refers to a name or nickname given to a person which may
consist of one or more names in addition to the middle and last names.
Section 3. Who May File the Petition and Where. – Any person having direct
and personal interest in the correction of a clerical or typographical error in an
entry and/or change of first name or nickname in the civil register may file, in
person, a verified petition with the local civil registry office of the city or
municipality where the record being sought to be corrected or changed is kept.
In case the petitioner has already migrated to another place in the country and
it would not be practical for such party, in terms of transportation expenses,
time and effort to appear in person before the local civil registrar keeping the
documents to be corrected or changed, the petition may be filed, in person,
with the local civil registrar of the place where the interested party is presently
residing or domiciled. The two (2) local civil registrars concerned will then
communicate to facilitate the processing of the petition.
Citizens of the Philippines who are presently residing or domiciled in foreign
countries may file their petition, in person, with the nearest Philippine
Consulates.
The petitions filed with the city or municipal civil registrar or the consul general
shall be processed in accordance with this Act and its implementing rules and
regulations.
All petitions for the clerical or typographical errors and/or change of first names
or nicknames may be availed of only once.
Section 4. Grounds for Change of First Name or Nickname. – The petition for
change of first name or nickname may be allowed in any of the following
cases:
(1) The petitioner finds the first name or nickname to be ridiculous, tainted with
dishonor or extremely difficult to write or pronounce.
(2) The new first name or nickname has been habitually and continuously used
by the petitioner and he has been publicly known by that by that first name or
nickname in the community: or
(3) The change will avoid confusion.
Section 5. Form and Contents of the Petition. – The petition shall be in the
form of an affidavit, subscribed and sworn to before any person authorized by
the law to administer oaths. The affidavit shall set forth facts necessary to
establish the merits of the petition and shall show affirmatively that the
petitioner is competent to testify to the matters stated. The petitioner shall state
the particular erroneous entry or entries, which are sought to be corrected
and/or the change sought to be made.
The petition shall be supported with the following documents:
(1) A certified true machine copy of the certificate or of the page of the registry
book containing the entry or entries sought to be corrected or changed.
(2) At least two (2) public or private documents showing the correct entry or
entries upon which the correction or change shall be based; and
(3) Other documents which the petitioner or the city or municipal civil registrar
or the consul general may consider relevant and necessary for the approval of
the petition.
In case of change of first name or nickname, the petition shall likewise be
supported with the documents mentioned in the immediately preceding
paragraph. In addition, the petition shall be published at least once a week for
two (2) consecutive weeks in a newspaper of general circulation. Furthermore,
the petitioner shall submit a certification from the appropriate law enforcement
agencies that he has no pending case or no criminal record.
The petition and its supporting papers shall be filed in three (3) copies to be
distributed as follows: first copy to the concerned city or municipal civil
registrar, or the consul general; second copy to the Office of the Civil Registrar
General; and third copy to the petitioner.
Section 6. Duties of the City or Municipal Civil Registrar or the Consul
General. – The city or municipal civil registrar or the consul general to whom
the petition is presented shall examine the petition and its supporting
documents. He shall post the petition in a conspicuous place provided for that
purpose for ten (10) consecutive days after he finds the petition and its
supporting documents sufficient in form and substance.
The city or municipal civil registrar or the consul general shall act on the
petition and shall render a decision not later than five (5) working days after
the completion of the posting and/or publication requirement. He shall transmit
a copy of his decision together with the records of the proceedings to the Office
of the Civil Registrar General within five (5) working days from the date of the
decision.
Section 7. Duties and Powers of the Civil Registrar General. – The civil
registrar general shall, within ten (10) working days from receipt of the decision
granting a petition, exercise the power to impugn such decision by way of an
objection based on the following grounds:
(1) The error is not clerical or typographical;
(2) The correction of an entry or entries in the civil register is substantial or
controversial as it affects the civil status of a person; or
(3) The basis used in changing the first name or nickname of a person does
not fall under Section 4.
The civil registrar general shall immediately notify the city or municipal civil
registrar or the consul general of the action taken on the decision. Upon receipt
of the notice thereof, the city or municipal civil registrar or the consul general
shall notify the petitioner of such action.
The petitioner may seek reconsideration with the civil registrar general or file
the appropriate petition with the proper court.
If the civil registrar general fails to exercise his power to impugn the decision
of the city or municipal civil registrar or of the consul general within the period
prescribed herein, such decision shall become final and executory.
Where the petition is denied by the city or municipal civil registrar or the consul
general, the petitioner may either appeal the decision to the civil registrar
general or file the appropriate petition with the proper court.
Section 8. Payment of Fees. – The city or municipal civil registrar or the consul
general shall be authorized to collect reasonable fees as a condition for
accepting the petition. An indigent petitioner shall be exempt from the payment
of the said fee.
Section 9. Penalty Clause. - A person who violates any of the provisions of
this Act shall, upon conviction, be penalized by imprisonment of not less than
six (6) years but not more than twelve (12) years, or a fine of not less than Ten
thousand pesos (P10,000.00) but not more than One Hundred Thousand
pesos (P100,000.00), or both, at the discretion of the court.
In addition, if the offender is a government official or employee he shall suffer
the penalties provided under civil service laws, rules and regulations.
Section 10. Implementing Rules and Regulations. - The civil registrar general
shall, in consultation with the Department of Justice, the Department of Foreign
Affairs, the Office of the Supreme Court Administrator, the University of the
Philippines Law Center and the Philippine Association of Civil Registrars, issue
the necessary rules and regulations for the effective implementation of this Act
not later than three (3) months from the effectivity of this law.
Section 11. Retroactivity Clause. - This Act shall have retroactive effect
insofar as it does not prejudice or impair vested or acquired rights in
accordance with the Civil Code and other laws.
Section 12. Separability Clause. - If any portion or provision of this Act is
declared void or unconstitutional, the remaining portions or provisions thereof
shall not be affected by such declaration.
Section 13. Repealing Clause - All laws, decrees, orders, rules and
regulations, other issuances, or parts thereof inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.
REPUBLIC ACT NO. 10172
AN ACT FURTHER AUTHORIZING THE CITY OR MUNICIPAL CIVIL
REGISTRAR OR THE CONSUL GENERAL TO CORRECT CLERICAL OR
TYPOGRAPHICAL ERRORS IN THE DAY AND MONTH IN THE DATE OF
BIRTH OR SEX OF A PERSON APPEARING IN THE CIVIL REGISTER
WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS
PURPOSE REPUBLIC ACT NUMBERED NINETY FORTY-EIGHT
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:
Section 1. Section 1 of Republic Act No. 9048, hereinafter referred to as the
Act, is hereby amended to read as follows:
"SECTION 1. Authority to Correct Clerical or Typographical Error and Change
of First Name or Nickname. – No entry in a civil register shall be changed or
corrected without a judicial order, except for clerical or typographical errors
and change of first name or nickname, the day and month in the date of birth
or sex of a person where it is patently clear that there was a clerical or
typographical error or mistake in the entry, which can be corrected or changed
by the concerned city or municipal civil registrar or consul general in
accordance with the provisions of this Act and its implementing rules and
regulations."
Section 2. Section 2, paragraph (3) of the Act is likewise amended to read
as follows:
"SEC. 2. Definition of Terms. – As used in this Act, the following terms shall
mean:
(1) xxx xxx
(2) xxx xxx
(3) ‘Clerical or typographical error’ refers to a mistake committed in the
performance of clerical work in writing, copying, transcribing or typing an entry
in the civil register that is harmless and innocuous, such as misspelled name
or misspelled place of birth, mistake in the entry of day and month in the date
of birth or the sex of the person or the like, which is visible to the eyes or
obvious to the understanding, and can be corrected or changed only by
reference to other existing record or records: Provided, however, That no
correction must involve the change of nationality, age, or status of the
petitioner."
Section 3. Section 5 of the Act is hereby amended to read as follows:
"SEC. 5. Form and Contents of the Petition. – The petition for correction of a
clerical or typographical error, or for change of first name or nickname, as the
case may be, shall be in the form of an affidavit, subscribed and sworn to
before any person authorized by law to administer oaths. The affidavit shall
set forth facts necessary to establish the merits of the petition and shall show
affirmatively that the petitioner is competent to testify to the matters stated.
The petitioner shall state the particular erroneous entry or entries, which are
sought to be corrected and/or the change sought to be made.
The petition shall be supported with the following documents:
(1) A certified true machine copy of the certificate or of the page of the registry
book containing the entry or entries sought to be corrected or changed;
(2) At least two (2) public or private documents showing the correct entry or
entries upon which the correction or change shall be based; and
(3) Other documents which the petitioner or the city or municipal civil registrar
or the consul general may consider relevant and necessary for the approval of
the petition.
No petition for correction of erroneous entry concerning the date of birth or the
sex of a person shall be entertained except if the petition is accompanied by
earliest school record or earliest school documents such as, but not limited to,
medical records, baptismal certificate and other documents issued by religious
authorities; nor shall any entry involving change of gender corrected except if
the petition is accompanied by a certification issued by an accredited
government physician attesting to the fact that the petitioner has not
undergone sex change or sex transplant. The petition for change of first name
or nickname, or for correction of erroneous entry concerning the day and
month in the date of birth or the sex of a person, as the case may be, shall be
published at least once a week for two (2) consecutive weeks in a newspaper
of general circulation.
Furthermore, the petitioner shall submit a certification from the appropriate law
enforcements, agencies that he has no pending case or no criminal record.
The petition and its supporting papers shall be filed in three (3) copies to be
distributed as follows: first copy to the concerned city or municipal civil
registrar, or the consul general; second copy to the Office of the Civil Registrar
General; and third copy to the petitioner."
Section 4. Section 8 of the Act is hereby amended to read as follows:
"SEC. 8. Payment of Fees. – The city or municipal civil registrar or the consul
general shall be authorized to collect reasonable fees as a condition for
accepting the petition. An indigent petitioner shall be exempt from the payment
of the said fee.
The fees collected by the city or municipal civil registrar or the consul general
pursuant to this Act shall accrue to the funds of the Local Civil Registry Office
concerned or the Office of the Consul General for modernization of the office
and hiring of new personnel and procurement of supplies, subject to
government accounting and auditing rules."
Section 5. Separability Clause. – If any provision of this Act shall at any time
be found to be unconstitutional or invalid, the remainder thereof not affected
by such declaration shall remain in full force and effect.
Section 6. Repealing Clause. – Any laws, decrees, rules or regulations
inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
Republic Act No. 9255 February 24 2004
AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME
OF THEIR FATHER, AMENDING FOR THE PURPOSE ARTICLE 176 OF
EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE "FAMILY
CODE OF THE PHILIPPINES"
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:
SECTION 1. Article 176 of Executive Order No. 209, otherwise known as the
Family Code of the Philippines, is hereby amended to read as follows:
"Article 176. Illegitimate children shall use the surname and shall be under the
parental authority of their mother, and shall be entitled to support in conformity
with this Code. However, illegitimate children may use the surname of their
father if their filiation has been expressly recognized by the father through the
record of birth appearing in the civil register, or when an admission in a public
document or private handwritten instrument is made by the
father. Provided, the father has the right to institute an action before the
regular courts to prove non-filiation during his lifetime. The legitime of each
illegitimate child shall consist of one-half of the legitime of a legitimate child."
SECTION 2. Repealing Clause. – All laws, presidential decrees, executive
orders, proclamations, rules and regulations, which are inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
Title XIV. - ABSENCE
CHAPTER 1
PROVISIONAL MEASURES IN CASE OF ABSENCE
Art. 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)
Art. 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)
Art. 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) 

CHAPTER 2
DECLARATION OF ABSENCE
Art. 384. Two years having elapsed without any news about the absentee or
since the receipt of the last news, and five years in case the absentee has left
a person in charge of the administration of his property, his absence may be
declared. (184)
Art. 385. The following may ask for the declaration of absence:
(1) The spouse present;

(2) The heirs instituted in a will, who may present an authentic copy of the
same;

(3) The relatives who may succeed by the law of intestacy;
 (1) A person on board a vessel lost during a sea voyage, or an aeroplane which
(4) Those who may have over the property of the absentee some right
subordinated to the condition of his death. (185)

Art. 386. The judicial declaration of absence shall not take effect until six
months after its publication in a newspaper of general circulation. (186a)
CHAPTER 3
ADMINISTRATION OF THE PROPERTY OF THE ABSENTEE
Art. 387. An administrator of the absentee's property shall be appointed in
accordance with Article 383. (187a)
Art. 388. The wife who is appointed as an administratrix of the husband's
property cannot alienate or encumber the husband's property, or that of the
conjugal partnership, without judicial authority. (188a)
Art. 389. The administration shall cease in any of the following cases:
(1) When the absentee appears personally or by means of an agent;
 recognized must prove that he was living at the time his existence was
(2) When the death of the absentee is proved and his testate or intestate heirs
appear;

(3) When a third person appears, showing by a proper document that he has
acquired the absentee's property by purchase or other title.
 to his co-heirs, unless he has heirs, assigns, or a representative. They shall
In these cases the administrator shall cease in the performance of his
office, and the property shall be at the disposal of those who may have a right
thereto. (190)
CHAPTER 4
PRESUMPTION OF DEATH
Art. 390. After an absence of seven years, it being unknown whether or not
the absentee still lives, he shall be presumed dead for all purposes, except for
those of succession.
The absentee shall not be presumed dead for the purpose of opening
his succession till after an absence of ten years. If he disappeared after the
age of seventy-five years, an absence of five years shall be sufficient in order
that his succession may be opened. (n)
Art. 391. The following shall be presumed dead for all purposes, including the
division of the estate among the heirs:
is missing, who has not been heard of for four years since the loss of the vessel
or aeroplane;

(2) A person in the armed forces who has taken part in war, and has been
missing for four years;

(3) A person who has been in danger of death under other circumstances and
his existence has not been known for four years. (n)

Art. 392. If the absentee appears, or without appearing his existence is proved,
he shall recover his property in the condition in which it may be found, and the
price of any property that may have been alienated or the property acquired
therewith; but he cannot claim either fruits or rents. (194)
CHAPTER 5
EFFECT OF ABSENCE UPON THE
CONTINGENT RIGHTS OF THE ABSENTEE
Art. 393. Whoever claims a right pertaining to a person whose existence is not
necessary in order to acquire said right. (195)
Art. 394. Without prejudice to the provision of the preceding article, upon the
opening of a succession to which an absentee is called, his share shall accrue
all, as the case may be, make an inventory of the property. (196a)
Art. 395. The provisions of the preceding article are understood to be without
prejudice to the action of 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 the real estate which accrues to the
coheirs, the circumstance of its being subject to the provisions of this article
shall be stated. (197)
Art. 396. Those who may have entered upon the inheritance shall appropriate
the fruits received in good faith so long as the absentee does not appear, or
while his representatives or successors in interest do not bring the proper
actions. (198)
-Judicial declaration of absence; period- a.) if with administrator and b.)
if without administrator
-Who may ask for the declaration of absence
-Presumption of Death 1.) Ordinary and 2.) Extraordinary -Liability of persons who shows disrespect to the dead /wrongfully
interferes with a funeral

TADEO-MATIAS v. REPUBLIC (VELASCO) GR# 230751 4/25/18

VALINO v. ADRIANO (MENDOZA) 723 S 1
Title X. - FUNERALS (n)
Title XVI. - CIVIL REGISTER
Art. 305. The duty and the right to make arrangements for the funeral of a
relative shall be in accordance with the order established for support, under Art. 407. Acts, events and judicial decrees concerning the civil status of
Article 294. In case of descendants of the same degree, or of brothers and persons shall be recorded in the civil register. (325a)
sisters, the oldest shall be preferred. In case of ascendants, the paternal shall
have a better right. Art. 408. The following shall be entered in the civil register:
(1) Births; 

Art. 306. Every funeral shall be in keeping with the social position of the
deceased. (2) marriages; 

(3) deaths;
Art. 307. The funeral shall be in accordance with the expressed wishes of the (4) legal separations; 

deceased. In the absence of such expression, his religious beliefs or affiliation
shall determine the funeral rites. In case of doubt, the form of the funeral shall (5) annulments of marriage; 

be decided upon by the person obliged to make arrangements for the same, (6) judgments declaring marriages void from the beginning; 

after consulting the other members of the family.
(7) legitimations; 

Art. 308. No human remains shall be retained, interred, disposed of or (8) adoptions; 

exhumed without the consent of the persons mentioned in articles 294 and
305. (9) acknowledgments of natural children; 

(10) naturalization; 

Art. 309. Any person who shows disrespect to the dead, or wrongfully (11) loss, or
interferes with a funeral shall be liable to the family of the deceased for
damages, material and moral. (12) recovery of citizenship; 

(13) civil interdiction; 

Art. 310. The construction of a tombstone or mausoleum shall be deemed a
part of the funeral expenses, and shall be chargeable to the conjugal (14) judicial determination of filiation; 

partnership property, if the deceased is one of the spouses. (15) voluntary emancipation of a minor; and 


-Who has the right and duty to make arrangements for the funeral of a (16) changes of name. (326a)

relative
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 CORPUZ v. STO. TOMAS 08/11/2018
evidence of the facts therein contained. (n)

Art. 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. (n)
IWASAWA v. GANGAN 705 S 699
Art. 412. No entry in a civil register shall be changed or corrected, without a
judicial order. (n)

Art. 413. All other matters pertaining to the registration of civil status shall be
governed by special laws. (n)


REPUBLIC v. OLAYBAR 02/10/2014
-Acts, events, judicial decrees entered in the Civil register
-Probative value of books making up the civil register
-Liability/defences of Civil Registrar in cases of unauthorized alteration
in the books. 







SILVERIO v. REPUBLIC 537 S 373 


REPUBLIC v. CAGANDAHAN 565 S 72