Article 252, Chapter 1 of The Civil Code of the Philippines

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MAIN TOPIC :  CARE AND EDUCATION OF CHILDREN

            Sub-Topic:  CHAPTER 3 THE FAMILY COUNCIL 


Art. 252. The Court of First Instance may, upon application of any member of the family, a relative, or a friend, appoint a family council, whose duty it shall be to advise the court, the spouses, the parents, guardians and the family on important family questions.


DISCUSSION:

The article means that the Court of First Instance or in the Philippines, the Regional Trial Court (RTC) which is classified as the courts of general jurisdiction has the authority to appoint a family council. Family council is significant for it is its duty to advice the court, the spouses, the parents, guardians and family about legal matters and family questions that could affect to their lives"

The purpose of the family council is to protect and improve the quality of life for the family members in the home and to give families a voice in the decisions that affect their lives and the lives of  their loved ones.
Family council has the privilege and responsibility to hear and act on
concerns that family members have.
The family council is the body that represents the family in business. The members of the family council can specifically discuss the issues related to the coexistence of the family and the business.
Family Councils strive to provide a safe forum for families to share experiences, receive information and mutual support, discuss and seek solutions to common concerns and establish meaningful lines of communication between families and staff. Although every Family Council is unique and reflects the needs and interests of families in each long term care home, they all share a common goal: the enhancement of the quality of life for their residents.Family Council Meeting is one important thing to consider if you want to keep your family intact, and to even strengthen the closeness of the family members.
If the family is going through tough time, it is also the best way to discuss possible plans to carry out that may resolve or alleviate things. It is also the time when parents can discuss to their kids why they have to cross cut on some expenses, or maybe assign them to do certain tasks at home, to have equal sharing of chores.

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Article 253, Chapter 1 of The Civil Code of the Philippines

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MAIN TOPIC :  CARE AND EDUCATION OF CHILDREN

            Sub-Topic:  CHAPTER 3 THE FAMILY COUNCIL 



Art. 253. The family council shall be composed of five members, who 


shall be relatives of the parties concerned. But the court may appoint 


one or two friends of the family. 




DISCUSSION:

The Philippine statute is clear about the composition of the the family council. Members shall composed of five who shall be the relatives of the family involved. Why Relatives? Because they are the ones who really see the activities of the family and they are directly affected to every decision made. In case of  lack of confidence of other members of the family, the court approves and allows the appointment of any close and trusted family friend, maximum only of two. 

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Article 254, Chapter 1 of The Civil Code of the Philippines

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MAIN TOPIC :  CARE AND EDUCATION OF CHILDREN

            Sub-Topic:  CHAPTER 3 THE FAMILY COUNCIL 

Art. 254. The family council shall elect its chairman, and shall meet at the call of the latter or upon order of the court.




DISCUSSION/EXPLANATION:


    The family board and eventual successors to the board are elected during the family council session in every family meeting. Reelection is possible.

These are the positions that are to be elected in a family council.

·         The chairman cares for the correct accomplishment of the tasks and activities of the board. He calls the board to a meeting as often as the situation requires it or a member of the board requests. A board meeting is not necessary if all members declare their approbation in written form. Vote majority is decisive. If there is vote equity the chairman’s vote decides.

The record keeper -responsible for the updating of the family inventory and address index as well as for a yearly compilation of the personal status (births, marriages, deaths and biographies) which is published in the family bulletin. He writes a protocol of each meeting of the board and of the family council which ist countersigned by the chairman.

The treasurer- manages the family financial resources He has to report about income and expenditures to the family council and has to ask for discharge.

The assessors- support the named board members by petition in their work and work as advisors in the family board. The family board works voluntarily. Expenditures for the family are reimbursed against receipt.
.


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Article 255, Chapter 1 of The Civil Code of the Philippines

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Main Topic: PATERNITY AND FILIATION

Introduction And Discussion:

In our Civil Law, Paternity is the civil status of the father with in respect to the children begotten by him. Filiation is the civil status or relationship of the child to his mother or father.
Under the above article, Filiation may be by nature (by blood) or by adoption (by law). Whether it is by blood or by law, it does not exactly set forth a wall of separation between the terms because ones a legitimate child (related to him by blood) can be adopted by father or mother.
There are three kinds of children in the family code:
(a) Legitimate children which shall include those who are the result of artificial insemination and legitimated children

(b) Adopted children

(c) Illegitimate children



Definition of Legitimate Child


       - One conceived or born during the marriage of parents unless its status is impugned for causes provided by law.
 
Sub-topic: LEGITIMATE CHILDREN
 
Art. 255. Children born after one hundred and eighty days following the celebration of the marriage, and before three hundred days following its dissolution or the separation of the spouses shall be presumed to be legitimate.
Against this presumption no evidence shall be admitted other than that of the physical impossibility of the husband's having access to his wife within the first one hundred and twenty days of three hundred which preceded the birth of the child.
This physical impossibility may be caused:
(1) By the impotence of the husband;

(2) By the fact that the husband and wife were living separately, in such a way that access was not possible;

(3) By the serious illness of the husband. (108a)



DISCUSSION/EXPLANATION:


The above article lays down grounds under which the legitimacy of the child may be impugned (attacked),


           In no.1 ground is physical impossibility for the husband to have sexual intercourse with his wife within first 120 days (the period of conception) of the 300days that preceded the birth of the child and the causes for his physical impossibility are set forth in the law (above), namely: 


(a) physical incapacity of the husband to have sexual intercourse concededly impotent. Impotence is the inability of the male organ to copulation and perform its proper function,


(b) the fact that husband and the wife are living separately in such a way that they could not have sexual contact as when the husband is living abroad and (c) Serious illness of the husband in such a way that the illness absolutely prevents the husband from having sexual intercourse with the wife.

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Article 256, Chapter 1 of The Civil Code of the Philippines

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Main Topic: PATERNITY AND FILIATION
 
Sub-topic: LEGITIMATE CHILDREN
 
Art. 256. The child shall be presumed 


legitimate, although the mother may have 


declared against its legitimacy or may have been 


sentenced as an adulterous. (109)

DISCUSSION/EXPLANATION:

   The mother is estopped to disclaim the legitimacy of the child as far as she is concerned under the above article.


      The declaration of the mother against the legitimacy of the child is simply considered as not made. Such article is inadmissible as evidence rebut the presumption of legitimacy because the husband, for reasons of his own, may have forced or threatened the wife or the wife due to resentment, hate or some evil motive may have made the declaration in the certificate of birth of the child. There may also have been collusion between the husband and wife. Even the wife has been harboured an adulterer, she herself would not know for sure whether it was the husband or her paramour who generated life on her womb.


    Hence, in general, good moral and public policy require that a mother should not be permitted to assert the illegitimacy of the child born in wedlock in order to obtain some benefit for herself.

     The law is not willing that the child is declared illegitimate to suit the whims and purposes of either parents, not merely upon evidence that no actual act of sexual intercourse occurred between the husband and wife or at about the time the wife became pregnant. Thus where the husband denies having any intercourse with his wife, the child is presumed legitimate.

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Article 257, Chapter 1 of The Civil Code of the Philippines

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Main Topic: PATERNITY AND FILIATION
 
Sub-topic: LEGITIMATE CHILDREN
 
Art. 257. Should the wife commit adultery at or about the time of the conception of the child, but there was no physical impossibility of access between her and her husband as set forth in Article 255, the child is prima facie presumed to be illegitimate if it appears highly improbable, for ethnic reasons, that the child is that of the husband. For the purposes of this article, the wife's adultery need not be proved in a criminal case. (n)

DISCUSSION/EXPLANATION:

        Under the above article, the mother need not prove in a criminal case. The above article use biological reasons. The Article 257 of the Civil Code of the Philippines had infringement requirements: There simplified requirement without giving much importance to the adultery of that the wife might have committed. It is enough that the evidence may be presented for “biological reasons”, the child could not have been that of the husband. Expert medical testimony may be presented.



Example: Blood grouping test can be establish conclusively that the man is not the father of the child but not necessarily that the man is the father of the particulars child. It may have some probative value if the blood type and the combination in the child is rare. Thus, it is now up to the discretion of the judge whether to admit the results.

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Article 258, Chapter 1 of The Civil Code of the Philippines

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Main Topic: PATERNITY AND FILIATION
 
Sub-topic: LEGITIMATE CHILDREN
 

Art. 258. A child born within one hundred eighty days following the celebration of the marriage is prima facie presumed to be legitimate. Such a child is conclusively presumed to be legitimate in any of these cases:
(1) If the husband, before the marriage, knew of the pregnancy of the wife;
(2) If he consented, being present, to the putting of his surname on the record of birth of the child;
(3) If he expressly or tacitly recognized the child as his own. (110a)


Dicussion/Explanation:


      Under the above article the child is presumed legitimate if the husband knew his wife's pregnancy before their marriage.upon the registration of the child, the husband was present and personally saw the putting of the husband's surname the child is presumed legitimate and recognized as his own child. 

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Article 259, Chapter 1 of The Civil Code of the Philippines

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Main Topic: PATERNITY AND FILIATION
 
Sub-topic: LEGITIMATE CHILDREN
 

Art. 259. If the marriage is dissolved by the death of the husband, and the mother contracted another marriage within three hundred days following such death, these rules shall govern:


(1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is disputably presumed to have been conceived during the former marriage, provided it be born within three hundred days after the death of the former husband:



(2) A child born after one hundred eighty days following the celebration of the subsequent marriage is prima facie presumed to have been conceived during such marriage, even though it be born within the three hundred days after the death of the former husband. (n)




DISCUSSION/EXPLANATION:

    The situation above is that the woman who within 300 days after termination of her marriage, would contract another marriage and then gives birth to a child, thereby creating the problem of determining whether the child is of the previous or subsequent marriage.



     Note the words” in the absence of proof to the contrary” making the rules in (1) and (2) merely disputable presumptions, thereby subject to rebuttal by interested parties by proof, scientific, biological or otherwise, to establish convincingly the real parentage or filiation of the child. The words” before” or “after” preceding 180 days would rather, adopt a legal but restrictive or arbitrary rule. It will suffice only if no interested parties’ raise any question or issue out of it.


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Article 260, Chapter 1 of The Civil Code of the Philippines

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 Main Topic: PATERNITY AND FILIATION


Sub-topic: LEGITIMATE CHILDREN

 

 
Art. 260. If after a judgment annulling a marriage, the former wife should believe herself to be pregnant by the former husband, she shall, within thirty days from the time she became aware of her pregnancy, notify the former husband or his heirs of that fact. He or his heirs may ask the court to take measures to prevent a simulation of birth.
The same obligation shall devolve upon a widow who believes herself to have been left pregnant by the deceased husband, or upon the wife who believes herself to be pregnant by her husband from whom she has been legally separated. (n)


DISCUSSION/EXPLANATION:


    Article 260 of the Civil Code provided that if the wife was pregnant after the annulment of their marriage she shall have thirty days (30) to notify her husband her pregnancy her  child have its child for his/her heirs and can get his right to his/her father. 
    
   The same case would apply if the her husband have been died from whom she was separated.                   

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Article 261, Chapter 1 of The Civil Code of the Philippines

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Main Topic: PATERNITY AND FILIATION
 
Sub-topic: LEGITIMATE CHILDREN
  
Art. 261. There is no presumption of legitimacy or illegitimacy of a child born after three hundred days following the dissolution of the marriage or the separation of the spouses. Whoever alleges the legitimacy or the illegitimacy of such child must prove his allegation. (n)


DISCUSSION/EXPLANATION:

There is no presumptive rule on a child born after three hundred (300) days following the termination of marriage. Whoever alleges such illegitimacy must prove the same. This rule can be considered an exemption to the basic rule set forth in the article 164 that” children conceived or born during the marriage of the parents are legitimate.”
It may turn out however, that the parents of such child (the spouses in the subsequent marriage), may recognize the child as their own and proof of filiation in any of the ways set set forth in article 172, may thus be availed of to show legitimacy of the child(as a legitimate child of the subsequent marriage) when this is questioned by other heirs or interested parties. The situation may be reversed, where the child is recognized as his own by the former spouse marriage with whom was terminated and such termination give rise to the subsequent marriage. If the legitimacy of such child is not impugned within the period stated in article 170, then the claim of legitimacy may amount to presumption of legitimacy. The child may claim legitimacy under article 173.

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Article 262, Chapter 1 of The Civil Code of the Philippines

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Main Topic: PATERNITY AND FILIATION
 
Sub-topic: LEGITIMATE CHILDREN
 

Art. 262. The heirs of the husband may impugn the legitimacy of the child only in the following cases:
(1) If the husband should die 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 from the same;

(3) If the child was born after the death of the husband. (112)



DISCUSSION/EXPLANATION:


    In three cases mentioned above, the husband’s heirs (normally compulsory or interstate heirs) may impugn the legitimacy or filiation of the child. The purpose of impugning the filiation is to give justice and fairness to the lawful heirs and to prevent a stranger from inheriting from the estate of the decedent who has no relationship at all with the child. For a person not a voluntary heir to claim inheritance from a decedent with whom he or she is not related at all is plain unjust enrichment.

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Article 263, Chapter 1 of The Civil Code of the Philippines

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Main Topic: PATERNITY AND FILIATION
 
Sub-topic: LEGITIMATE CHILDREN
 

Art. 263. The action to impugn the legitimacy of the child shall be brought within one year from the recording of the birth in the Civil Register, if the husband should be in the same place, or in a proper case, any of his heirs.
If he or his heirs are absent, the period shall be eighteen months if they should reside in the Philippines; and two years if abroad. If the birth of the child has been concealed, the term shall be counted from the discovery of the fraud. (113a)

DISCUSSION/EXPLANATION:

    The above article sets forth the prescriptive period during which the legitimacy of the child may be impugned by the husband or the heirs. Distinguish this from the right to claim legitimacy set forth in article 173 of the Family Code. The action to claim legitimacy may be brought by the child during his or her lifetime, transmissible to his heirs if the child should die during minority or in the state of insanity. The article above does not apply to an action to claim inheritance as legal heirs of the deceased. Upon the expiration of the periods set forth in article 170, and in proper cases article 171, of the Family Code, the action to impugn the legitimacy of a child would no longer be legally feasible and the status conferred by the presumption becomes fix and unassailable.

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Article 264, Chapter 1 of The Civil Code of the Philippines

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Main Topic: PATERNITY AND FILIATION
 
Sub-topic: LEGITIMATE CHILDREN
 

Art. 264. Legitimate children shall have the right:
(1) To bear the surnames of the father and of the mother;
(2) To receive support from them, from their ascendants and in a proper case, from their brothers and sisters, in conformity with Article 291;
(3) To the legitime and other successional rights which this Code recognizes in their favor. (114)

DISCUSSION/EXPLANATION:

The above article provides the rights of the legitimate child.



(a) Use of surname
In the law of surnames, it is provided that “legitimate and legitimated children shall principally use surname of the father.” But the mother’s surname may also be used, and it would not be improper to use the surnames of the grandparents or other ascendants.


(b) Support
The right to receive support cannot be renounced, nor can it be transmitted to a third person. Neither can it be compensated with what the recipient owes the obligor. However, support in arrears may be compensated and renounced, and the right to demand the same may be transmitted by onerous or gratuitous title.


Support is everything that is indispensable to sustenance, dwelling, clothing and medical attendance, according to social position of the family.
Support also include education of a person entitled to be supported until completes his education of training for some profession, trade or vocation, even beyond the age of majority.


(c) Legitime
The legitime of each legitimate child is half of parents estate divided by the no. of children. The legitime must always be given unless the child is validly disinherited for a legal cause. The free portion of the property may also be given to the children or to any of them.
    If the child dies ahead of his father, the heir of the child can get child’s legitme from the father’s estate in testament





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Videos of children and their Rights....

Posted by I love Philippines |

Videos Are taken from YouTube And   UNICEF                                            

These videos shows the different rights of a child regardless of their legitimacy.. Let Us Protect every child
in the world























                      

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