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

Posted by I love Philippines | Labels: child rights, legitime, support, use of surname

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