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FAMILYFAMILYas anas an

InstitutionInstitution

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The Family CodeThe Family Code

Executive Order No. 209, JulyExecutive Order No. 209, July

6, 1987 asamended by6, 1987 asamended byExecutive Order No. 227,Executive Order No. 227,19871987-- signed by Corazonsigned by Corazon

Aquino.Aquino.

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Art. 149Art. 149 The Familyisa basicThe Familyisa basicsocialinstitution which publicsocialinstitution which publicpolicy cherishesand protectpolicy cherishesand protect

consequently, family relationsconsequently, family relationsare governed bylaw and noare governed bylaw and nocustoms, practice or agreementcustoms, practice or agreement

destructive of the familyshalldestructive of the familyshallbe recognized or given effect.be recognized or given effect.

TITLE VIITITLE VII FAMILYFAMILY

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Art. 150Art. 150 FAMILYFAMILY

RELATION INCLUDESRELATION INCLUDES 1. Between husband and wife1. Between husband and wife 2. Between parentsand children2. Between parentsand children

3. Among other ascendantsand3. Among other ascendantsanddescendantsdescendants

4. Among brothersand sisters, full or4. Among brothersand sisters, full orhalfhalf--bloodblood

BROTHERS and SISTERS asmember of theBROTHERS and SISTERS asmember of thefamily does not include SISTER & BROTHERSfamily does not include SISTER & BROTHERS ININ LAWLAWGAYON vs. GAYONGAYON vs. GAYON -- LL--28394, Nov. 26, 2970 and28394, Nov. 26, 2970 andGUERRERO vs. RTC, I. NORTEGUERRERO vs. RTC, I. NORTE GR NO. 109068, 1/10/94GR NO. 109068, 1/10/94

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Art. 154Art. 154 BeneficiariesBeneficiaries

1.Husband and wife or an unmarried1.Husband and wife or an unmarried

person who is the head of the family.person who is the head of the family.

2.Parents, ascendants, descendants,2.Parents, ascendants, descendants,

brothers & sisters whether legitimatebrothers & sisters whether legitimate

or illegitimate who are living in theor illegitimate who are living in the

family home and who depend upon thefamily home and who depend upon the

head of the family for legal support.head of the family for legal support.

(grandparents & grandchildren(grandparents & grandchildren

included)included)

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Art. 164Art. 164 Legitimate ChildrenLegitimate ChildrenThose conceive or born during theThose conceive or born during themarriage of parentsmarriage of parents

Art. 165Art. 165 IllegitimateIllegitimateChildrenChildren

Those conceive and born outsideThose conceive and born outsideof wedlockof wedlock

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Art. 194Art. 194 Support mayincludeSupport mayinclude

1. dwelling1. dwelling

2. clothing2. clothing3. medicalattendance3. medicalattendance4. education4. education5. transportation5. transportation6. everything needed for sustenance6. everything needed for sustenance

Art. 195Art. 195 Who are obliged to give supportWho are obliged to give support

a. spousesa. spousesb. legitimate ascendants/descendantsb. legitimate ascendants/descendants

c. Parentsand their legitimate children andc. Parentsand their legitimate children andlegitimate orlegitimate or

illegitimate children of the latter.illegitimate children of the latter.d. legitimate brothers & sisters whether of full ord. legitimate brothers & sisters whether of full or

halfhalf

blood.blood.

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PARENTALAUTHORITYPARENTALAUTHORITY

PATRIA POTESTAPATRIA POTESTA parentalauthorityparentalauthority

LOCO PARENTILOCO PARENTI substitute parentssubstitute parents

Art. 209Art. 209 Pursuant to the natural right and dutyPursuant to the natural right and dutyof parents over the person and property of theirof parents over the person and property of theirunemancipated children, parentalauthorityandunemancipated children, parentalauthorityandresponsibilityshallincluderesponsibilityshallinclude

a. Caring for and rearing them for civic anda. Caring for and rearing them for civic andefficiencyefficiency

b. the development of their moral, mentalandb. the development of their moral, mentalandphysical character and well beingphysical character and well being

c. In sum it is the absolute right of parents toc. In sum it is the absolute right of parents towatch over the person and property of theirwatch over the person and property of their

childrenchildren

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EFFECT OF PARENTALAUTHORITYEFFECT OF PARENTALAUTHORITY

AArt. 220rt. 220 Parentsand those exercising parentalParentsand those exercising parentalauthority over the child or ward have the followingauthority over the child or ward have the followingrightsand duties.rightsand duties.

1. to keep themin their company, to support,1. to keep themin their company, to support,

educate and instruct them by right precept and goodeducate and instruct them by right precept and goodexample and provide for their upbringingin keepingexample and provide for their upbringingin keepingwith their means.with their means.

2. to give love and affection, advice and counsel2. to give love and affection, advice and counselcompanionship and understanding.companionship and understanding.

3. provide moral, spiritualguidance, inculcate3. provide moral, spiritualguidance, inculcatehonesty, integrity, self discipline, self reliance,honesty, integrity, self discipline, self reliance,industry, thrift, stimulate their interest in civicindustry, thrift, stimulate their interest in civicaffairs, inspire in them compliance with the duties ofaffairs, inspire in them compliance with the duties ofcitizenship.citizenship.

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EFFECT OF PARENTALAUTHORITYEFFECT OF PARENTALAUTHORITY

4. enhance, protect, preserve and maintain physical4. enhance, protect, preserve and maintain physicaland mental health at all times.and mental health at all times.

5. furnish them with good and wholesome educational5. furnish them with good and wholesome educational

materials, supervise their activities, recreation andmaterials, supervise their activities, recreation andassociation with others, protect them from badassociation with others, protect them from badcompanies and prevent them from acquiring habitscompanies and prevent them from acquiring habitsdetrimental to health, studiesand morals.detrimental to health, studiesand morals.

6. represent them in all matters affecting their6. represent them in all matters affecting theirnterest.nterest.

7. demand from them respect and obedience7. demand from them respect and obedience

8. impose discipline8. impose discipline

9. perform

such other dut

iesas

im

pose b

yla

w9. perform

such other dut

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im

pose b

yla

w

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Liability of parents & other persons exercising parentalauthorityLiability of parents & other persons exercising parentalauthority

1. Liable for injuries and damages caused byacts of omission1. Liable for injuries and damages caused byacts of omissionof their unimancipated children livingin their companyandof their unimancipated children livingin their companyandunder their parentalauthorityunder their parentalauthority (subject to appropriate defences(subject to appropriate defencesas provided bylaw RA9344)as provided bylaw RA9344)

WhyWhy Because of relationshipBecause of relationshipNEGLIGENCENEGLIGENCE their natural duty to closelysupervise thetheir natural duty to closelysupervise the

children under their carechildren under their careParental dereliction (presumed) defenceParental dereliction (presumed) defence exercise, allexercise, alldeligence of a good father that of his family to preventdeligence of a good father that of his family to prevent

damagedamageArt. 58, TORTs;Art. 221Art. 58, TORTs;Art. 221 Family CodeFamily Code

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TERMINATION/SUSPENSION OFTERMINATION/SUSPENSION OF

PARENTALAUTHORITYPARENTALAUTHORITY

Art. 228Art. 228 Permanent TerminationPermanent Termination1. death of parents/child1. death of parents/child2. emancipation of child2. emancipation of child

RA9165RA9165 conviction ofany penal provisionconviction ofany penal provision lost his /lost his /her right of guardianship (civil)+her right of guardianship (civil)+

Art. 229Art. 229 Other form of terminationOther form of termination1. adoption of the child1. adoption of the child

2. appointment ofgeneralguardian2. appointment ofgeneralguardian3. judicial declaration ofabandonment3. judicial declaration ofabandonment4. court order divesting parentalauthority4. court order divesting parentalauthority violationviolation

of RA9165 convictedof RA9165 convicted5. court declaration ofabsences or incapability5. court declaration ofabsences or incapability

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SUSPENSION OF PARENTALAUTHORITYSUSPENSION OF PARENTALAUTHORITY

Art. 230Art. 230 ParentalAuthorityissuspendedParentalAuthorityissuspended1. conviction of parents or person exercising1. conviction of parents or person exercising

parentalauthority of crime which carryasaparentalauthority of crime which carryasapenalty civilinterdiction. (RA9165)penalty civilinterdiction. (RA9165)

2. for excessive harshness or cruelty2. for excessive harshness or cruelty

3. corrupting the child3. corrupting the child4. subject or allow child to beg4. subject or allow child to beg5. subject or allow child commit acts of5. subject or allow child commit acts of

lasciviousnesslasciviousness6. culpable negligence6. culpable negligence

Art. 233Art. 233 Those exercisingsubstitute parentalauthorityshallThose exercisingsubstitute parentalauthorityshallhave the same authority, duties, and responsibilitieshave the same authority, duties, and responsibilitiesIn case ofschoolsIn case ofschools no corporal punishment shall be inflicted.no corporal punishment shall be inflicted.