P e r s o n s a n d F a m i l y R e l a t i o n s
A t t y. Va l e n c i a
TITLE V — THE FAMILY
Chapter 1. The Family as an Institution
Art. 149.
The family, being the foundation of the nation, is a
basic social institution which public policy cherishes and
protects. Consequently, family relations are governed by law
and no custom, practice or agreement destructive of the family
shall be recognized or given effect.
PARTIES IN COURT CASE
Husband and wife shall be sued jointly.
Necessity?
Because generally the spouses are joint
administrators of either the absolute community or the conjugal
partnership
Art. 150.
Family relations include those:
(1)
Between husband and wife;
(2)
Between parents and children;
(3)
Among brothers and sisters, whether of the full or half-blood.
FAMILY RELATIONS
-
Article 150 is exclusive
-
Any person not included in the enumeration cannot be
considered as within the term “family relations”
-
Collateral blood relatives who are not brothers and sisters are
NOT included in the term “family relations”
Art. 151.
No suit between members of the same family shall
prosper unless it should appear from the verified complaint or
petition that earnest efforts toward a compromise have been
made, but that the same have failed. If it is shown that no such
efforts were in fact made, the same case must be dismissed.
This rules shall not apply to cases which may not be the subject
of compromise under the Civil Code.
GENERAL RULE:
For a suit between members of the same family shall prosper,
the following are required:
1.
Earnest efforts towards a compromise have been made
2.
Such efforts have failed
3.
Such earnest efforts and the fact of failure must be
alleged
Without these 3, the case will be dismissed.
EXCEPTION:
Cases which cannot be compromised
1.
civil status of persons,
2.
validity of marriage or a legal separation,
3.
any ground for legal separation,
4.
future support,
5.
jurisdiction of courts,
6.
future legitime
EARNEST EFFORTS TO COMPROMISE
Before a suit can be filed by a person against another
belonging to the same family as provided under Art. 150,
earnest efforts
must first be made to
settle the case
amicably.
Otherwise, the suit is dismissible.
EXCEPTION
The duty to engage in earnest effort stop compromise,
however, is not required if included in the suit between family
members is a
stranger
not of the same family as the interest of
such stranger may differ from the interest of the members of the
same family.
EXCEPTION FROM CRIMINAL LIABILITY IN CRIMES
AGAINST PERSONS
Art. 332 of the Revised Penal Code provides that no criminal,
but only civil liability, shall result from the commission of crime
of
theft, swindling,
or
malicious mischief
committed or
caused mutually by the following persons
-
Spouses, ascendants and descendants, or relatives by
affinity in the same line;
-
The widowed spouse with respect to the property which
belonged to the deceased spouse before the same shall
have passed into the possession of another; and
-
Brothers and sisters and brothers-in-law and sisters-in-law, if
living together
Chapter 2. The Family Home
