Family Code 149 - 182.pdf - Persons and Family Relations TITLE V THE FAMILY Chapter 1 The Family as an Institution Art 149 The family being the

Family Code 149 - 182.pdf - Persons and Family Relations...

This preview shows page 1 - 2 out of 7 pages.

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
Image of page 1
Image of page 2

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture