a In his old age can Andrew be legally entitled to claim support from Amy Jon

A in his old age can andrew be legally entitled to

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a)In his old age, can Andrew be legally entitled to claim support from Amy, Jon, Ryan, Jane, and Sandy assuming that all of them have the means to support him? b)Can Amy, Jon, Ryan, Jane, and Sandy legally claim support from each other?(2008 Bar) A: a)Andrew can claim support from them all, except from Sandy and Jane, who is not his child, legitimate, illegitimate or adopted.b)Amy, Jon and Ryan, can legally claim support from each other under Art. 196 of the FC which provides that brothers and sisters not legitimately related, whether of the full or half-blood, are bound to support each other except when the need for support is due to a cause imputable to the claimant’s fault or negligence. Jane and Sandy, however, cannot legally claim support from each other and from Amy, Jon and Ryan because they are not related to any of them.Q: Under Article 213 of the Family Code, no child under 7 years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise. 1)Explain the rationale of this provision. 2)Give at least 3 examples of “compelling reasons” which justify the taking away from the mother’s custody of her child under 7 years of age. (2006 Bar) A: 1)The rationale of the provision is that a child below 7 years old needs the love and care which only its mother can give. The welfare of the child is given the highest priority and the interest of the child prevails over procedural rules.2)The following have been considered as “compelling reasons” to deprive a mother of custody:a.Neglect,b.Abandonment,c.Unemployment,d.Immorality (Espiritu v. CA, 242 SCRA 362 [1995]),e.Alcoholism,f.Drug addiction,g.Maltreatment,h.Insanity,i.Highly communicable serious disease,j.Grave physical handicap,k.Serious and credible threat by the child to ham himself if separated from his mother (Luna v. CA 137 SCRA 7 [1985])Q: Distinguish briefly but clearly between: Substitute parental authority and special parental authority. (2004 Bar)
UST BAR OPERATIONS CIVIL LAW 50 A: In substitute parental authority, the parents lose their parental authority in favor of the substitute who acquires it to the exclusion of the parents. In special parental authority, the parents or anyone exercising parental authority does not lose parental authority. Those who are charged with special parental authority exercise such authority only during the time that the child is in their custody or supervision. Substitute parental authority displaces parental authority while special parental authority concurs with parental authority. Q: If during class hours, while the teacher was chatting with other teachers in the school corridor, a 7 year old male pupil stabs the eye of another boy with a ball pen during a fight, causing permanent blindness to the victim, who could be liable for damages for the boy’s injury: the teacher, the school authorities, or the guilty boy’s parents? Explain.(2003 Bar) A: The school, its administrators, and teachers have special parental authority and responsibility over the minor child while

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