Art. 174. Rights of legitimate children [Family Code of the Philippines]
Art. 174. Legitimate children shall have the right:
(1) To bear the surnames of the father and the mother, in conformity with the provisions of the Civil Code on Surnames;(2) To receive support from their parents, their ascendants, and in proper cases, their brothers and sisters, in conformity with the provisions of this Code on Support; and
(3) To be entitled to the legitimate and other successional rights granted to them by the Civil Code. (264a)
In the law of surnames, it is provided that "legitimate and legitimated children shall principally use the surname of the father" (Art. 364) but the mother's surname may also be used (Art. 174, FC), and it would not be improper to include the surnames of grandparents and other ascendants. This is so because the law uses the phrase "shall have the right" to bear the surname of the father. It is more of a right, but is not a duty on his part to bear the surname of the father.
Before the Civil Code, if a father has illegitimate children, the legitimate children cannot prevent said illegitimate children from using the father's surname.
The Supreme Court speaking through Chief Justice Paras held: We concede that the plaintiffs may use the surname of their father "Valencia" as a matter of right by reason of the mere fact that they are legitimate children, but we cannot agree to the view that this article grants monopolistic propriety control to the legitimate children over the surname of their father. In other words, said article has marked a right to which legitimate children may not be deprived (even by non-user for a time) but it cannot be interpreted as a prohibition against the use by others of what may happen to the surname of their father. If the plaintiff's theory were correct, they can stop countless inhabitants from bearing the surname of their father. Furthermore, the father acquiesced in the use of the surname by the illegitimate children can still use the disputed surname in the absence of any law granting exclusive ownership over a surname. (Catalina Osmeña de Valencia v. Rodriguez).
In the case, however, of Manuel, et al v. Republic, L-15811, Mar. 27, 1961, the Court had occasion to rule that where there is no evidence that the natural child was duly recognized by his alleged putative father, his petition for change of surname should denied, for he should not be allowed to use a surname which otherwise he is not permitted to employ under the law. The supreme court further said that whereas before the effectivity of of the New Civil Code, there was no specific legal provision regulating the use of surname, under the present law, there are such provisions and thus, a natural child may use the father's surname only if there has been acknowledgement.
With regard to 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, the support in arrears may be compensated and renounced, and the right to demand the same maybe transmitted by onerous or gratuitous title.
Support is everything that is indispensable for the sustenance, dwelling, clothing, and medical attendance,according to the social position of the family.
A child has the right to be supported. It is in fact the duty of the parents to provide every child support. This is so because child support child support is necessary for the sustenance of the child. It cannot be renounce, waived or transferred to a third person. The exception against its waiver is support in arrears for the reason that it is no longer needed by the person who is entitled to be supported.
The support also includes the education of the person entitled to be supported until he completes his education r training for some profession, trade or vocation even beyond the age of majority.
On the other hand, the legitime of each legitimate child is half of the parent's estate divided by the number of the children. (Art.888, Civil Code). The legitime must always be given unless the child is validly disinherited for a legal cause. The grounds for disinheritance are exclusive. Any other ground relid upon by the parent/s in disinheriting the child will invalidate or render useless the said inheritance. The free portion of the property may also be given to the children or to any of them.
If a child dies ahead of his father, the heir of the child can get the child's legitime from the father's estate in testamentary succession. In the legal succession, the heir of the child will get all the child himself would have inherited had he not died ahead of his father.
References:
Civil Code of the Philippines annotated by Edgardo Paras 16th edition
Family Code of the Philippines Judge Vincent S. Albano et al 2017 Edition
In the law of surnames, it is provided that "legitimate and legitimated children shall principally use the surname of the father" (Art. 364) but the mother's surname may also be used (Art. 174, FC), and it would not be improper to include the surnames of grandparents and other ascendants. This is so because the law uses the phrase "shall have the right" to bear the surname of the father. It is more of a right, but is not a duty on his part to bear the surname of the father.
Before the Civil Code, if a father has illegitimate children, the legitimate children cannot prevent said illegitimate children from using the father's surname.
The Supreme Court speaking through Chief Justice Paras held: We concede that the plaintiffs may use the surname of their father "Valencia" as a matter of right by reason of the mere fact that they are legitimate children, but we cannot agree to the view that this article grants monopolistic propriety control to the legitimate children over the surname of their father. In other words, said article has marked a right to which legitimate children may not be deprived (even by non-user for a time) but it cannot be interpreted as a prohibition against the use by others of what may happen to the surname of their father. If the plaintiff's theory were correct, they can stop countless inhabitants from bearing the surname of their father. Furthermore, the father acquiesced in the use of the surname by the illegitimate children can still use the disputed surname in the absence of any law granting exclusive ownership over a surname. (Catalina Osmeña de Valencia v. Rodriguez).
In the case, however, of Manuel, et al v. Republic, L-15811, Mar. 27, 1961, the Court had occasion to rule that where there is no evidence that the natural child was duly recognized by his alleged putative father, his petition for change of surname should denied, for he should not be allowed to use a surname which otherwise he is not permitted to employ under the law. The supreme court further said that whereas before the effectivity of of the New Civil Code, there was no specific legal provision regulating the use of surname, under the present law, there are such provisions and thus, a natural child may use the father's surname only if there has been acknowledgement.
With regard to 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, the support in arrears may be compensated and renounced, and the right to demand the same maybe transmitted by onerous or gratuitous title.
Support is everything that is indispensable for the sustenance, dwelling, clothing, and medical attendance,according to the social position of the family.
A child has the right to be supported. It is in fact the duty of the parents to provide every child support. This is so because child support child support is necessary for the sustenance of the child. It cannot be renounce, waived or transferred to a third person. The exception against its waiver is support in arrears for the reason that it is no longer needed by the person who is entitled to be supported.
The support also includes the education of the person entitled to be supported until he completes his education r training for some profession, trade or vocation even beyond the age of majority.
On the other hand, the legitime of each legitimate child is half of the parent's estate divided by the number of the children. (Art.888, Civil Code). The legitime must always be given unless the child is validly disinherited for a legal cause. The grounds for disinheritance are exclusive. Any other ground relid upon by the parent/s in disinheriting the child will invalidate or render useless the said inheritance. The free portion of the property may also be given to the children or to any of them.
If a child dies ahead of his father, the heir of the child can get the child's legitime from the father's estate in testamentary succession. In the legal succession, the heir of the child will get all the child himself would have inherited had he not died ahead of his father.
References:
Civil Code of the Philippines annotated by Edgardo Paras 16th edition
Family Code of the Philippines Judge Vincent S. Albano et al 2017 Edition
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