PATERNITY AND FILIATION, ADOPTION, GUARDIANSHIP AND FUNERALS However, the rights and obligations will now be governed

bligations will now be governed by the new national

FACTUAL SITUATION POINT OF CONTACT
1. Paternity and filiation
2. Adoption
3. Guardianship over the
person
Appointing court
Powers of guardian
Over the property
Appointing court
Powers of guardian
law which shall be effective only upon the acquisition of the new national law.
 If legitimate- parents’ common Parental authority- personal law of the father
personal law and in case of
different laws, the national law Note: Reference to the father’s personal law may result in joint parental authority
of the father over the property of the child or grant parental authority to the mother of the
 If illegitimate- national law of
the mother unless recognized illegitimate children.
by the father (national law of
the father) ADOPTION
 Determination of whether
legitimate or illegitimate- - The process of making a child (related or not to the adopter) possess the
parents’ common personal rights of a legitimate child
law and in case of different
laws, the national law of the
See Prasnik v. Republic L-8639 March 23, 1956
father
 Before:National law of the
adopter Ynigo v. Republic G.R. L- 6294
 Niw: national law of the child
People vs. Judge Tolentino G.R. 94147 June 8, 1994
 Court of the domicile of the Joseph K. Katancik v. Republic L-15472 June 30, 1962
ward
 Coextensive with the Caraballo v. Republic L-15080 April 25, 1962
appointing court (law of the
appointing state)
- Habitual residence for an alien is a requisite to capacitate him to adopt on
 Court where the property is
found the rationale that otherwise he might easily remove the adopted child and
 Coextensive with the place him beyond the reach and protection of the country of his birth.
appointing court (law of the
appointing state) Ellis v. Republic L-16922 April 30, 1963

4. Funerals and incidents  Where the body is buried Ching Leng vs. Galang G.R. No.L-11931 Oct. 27, 1981
thereof
- Adoption by a Filipino of a foreigner will not confer upon the adopted child
Philippine citizenship.
PATERNITY AND FILIATION
Rules:
PATERNITY (MATERNITY)- civil status of the father (mother) with respect to the child
begotten by him (her).
1. Whether or not the status has been created is governed by the national
law of the adopter before. Now, to protect the well being of the child, it is
FILIATION- status of the child in relation to the father or mother.
governed by the child’s personal law. If the child does not reside in the
country of his citizenship, the personal law of the adopter will govern or
In determining whether the child is legitimate or not, inquiry must be made through the
that and the child’s personal law concurrently.
parents’ common personal laws. In case of different laws, the national law of the father
2. Procedure adheres to lex fori
governs. Upon determination, the next issue is what governs the relationship and
3. The rights and obligations are governed by the national law of the
duties between the parent and the child?
adopter before. Now, it is governed by the same law that created the
adoption. Except: public policy dictates that the interest of its inhabitants
Answer: if the child is legitimate- parents’ common personal law or in case of different
forbid its enforcement and demand substitution of lex fori.
laws, the national law of the father
4. A foreign decree of adoption may be recognized so long as the court
granting the same was vested with jurisdiction, the judgment is meritorious
If the child is illegitimate- the national law of the mother unless the child is recognized
and impartial and there was no collusion or extrinsic fraud and especially if
by the father in which case the national law of the father prevails.
both the adopted and the adopter are nationals and domiciliaries of the
Example: forum that decreed the adoption.
5. See R.A. 8552- Domestic Adoption Act
In Philippines, children born out of wedlock-illegitimate When can an alien adopt?
- Of legal age, capacitated, of good moral character, not convicted of any
In Africa- children born out of wedlock-legitimate crime involving moral turpitude, emotionally and psychologically capable,
at least 16 years older than the adoptee, can support and care for the
African father and Filipino mother- the legitimacy of the child is determined by African adoptee, his country has diplomatic relations with Philippines, residence
law where the child is considered legitimate. Since the child is legitimate, the for 3 continuous years and maintain such until decree is entered,
relationship and duties between the parents and the child shall also be governed by certificate of capacity to adopt is issued by the consul, his government
the African law, the national law of the father. allows the adoptee to enter his country
6. Inter country adoption- a foreigner or Filipino permanently residing abroad
See. Tecson v. COMELEC, Ronald Allan Kelly Poe and Fornier G.R. No. 161434 may adopt a Filipino child by filing a petition abroad, undertake trial
March 3, 2004 custody and decree is issued abroad

LEGITIMATION AND RECOGNITION GUARDIANSHIP

OVER THE PERSON- appointed by the court where the ward is domiciled
-requisites are prescribed by the national law of the parents and in case of different OVER THE PROPERTY- appointed by the court where the property of the ward
laws, that of the father. is found
Who may petition?
Elements: Relative, friend, other person or the minor himself if 14 years or over

1. Child is illegitimate-born out of wedlock
2. There is no impediment for the parents to marry
3. There is a subsequent valid marriage
4. Children will then be regarded as legitimate and shall follow the personal
law of the father in case of different personal law of parents
DOCTRINE OF IMMUTABILITY OF STATUS- the status (legitimacy) of the child
is not affected by a subsequent change in the nationality of the parents.
However, the rights and obligations of parents and child will now be determined
by the new national law.
Example: A Filipino illegitimate child who became legitimated will continue to
become legitimate even if the Filipino father embraced a new nationality.
See: Yangco vs CFI of Manila 29 Phil. 183
In Re: Guardianship of Minor Yay Reginald Lelina, Viloria Severo v.
Administrator of Veterans Affairs L-9620, June 28, 1957.
FUNERALS
-the incidents are governed by the law of the country where the body is
buried.
See. Hon. Jejomar C. Binay and the Municipality of Makati v. Hon. Eufemio
Domingo of COA G.R. No. 92389, Sept. 11, 1991