CIVIL CODE (ARTS.

305-310) 1

BULLETED REVIEW GUIDE

CIVIL CODE
TITLE X. – FUNERALS
(Arts. 305-310)

ART. 305 – Funeral arrangements: a duty and a right. –

1. It shall be in accordance with the order established for support under
Art. 199 of the Family Code.
2. In case of descendants of the same degree, or of brothers and sisters,
the oldest shall be preferred.
3. In case of ascendants, the paternal shall have a better right.

ART. 306 – Every funeral shall be in keeping with the social position
of the deceased.

 The higher the social standing, the more dignified and expensive the
funeral should be.
 Art. 85 of the RPC prohibits the pompous and elaborate funeral of a
criminal on whom the death penalty has been imposed.
 Under Art. 2165 of the NCC, “When funeral expenses are borne by a
third person, without the knowledge of those relatives who were obliged to
give support to the deceased, said relatives shall reimburse the third person
should the latter claim reimbursement.”
 The incidents of funerals are governed by the law of the country
where the body is to be buried.
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 Important burial requirements:

A. Death Certificate (DC) Requirements:

1. No remains shall be buried or cremated without a DC.
2. The DC must be issued by the attending government or private physician.
3. In extreme cases, where no physician is in attendance, it shall be issued by the:
(a) City/municipal health officer;
(b) Mayor; or
(c) The secretary of the municipal board; or
(d) A councilor of the municipality where the death occurred.
4. The death shall be reported to the local health officer within 48 hours after death,
and the DC shall be forwarded to the LCR concerned within 30 days after death for
registration.

B. Shipment of Remains. – The following are the requirements in the

shipment or transfer of cadaver from one place to another.

1. DC must be secured;
2. Transfer permit must be secured from the local health authority of the point of
origin;
3. The remains must be properly embalmed;
4. Transit permit shall also be secured from places where the remains will pass if
local ordinances of such places so require; and
5. Shipment of remains to and from abroad shall be governed by the rules and
regulations of the National Quarantine Office.

C. Grave Requirements
1. Graves where remains are buried shall be at least one and one half (1.5) meters
deep and filled well and firmly; and

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2. No remains shall be buried in a grave where water table is less than two (2)
meters deep from the natural ground surface.

D. Cost of Burial
1. The cost of burial shall be borne by the nearest kin in the same order stated in Art.
199 of the Family Code.
2. In the absence of such nearest kin, or if the kin is not financially capable of
defraying the expenses, the cost shall be borne by the city or municipal government.
3. Every funeral shall be in keeping with the customs and traditions of the deceased
and in accordance with the expressed wishes and religious beliefs of the deceased
provided it is in accordance with law.

E. Burial of remains – The burial of remains in city or municipal burial grounds

and similar burial grounds like cemetery/memorial parks, etc. shall not be prohibited on
account of race, nationality, religion or political persuasion.

F. Medico-Legal Cases – If the local health officer who issues a death

certificate has reasons to believe or suspect that the cause of death was due to violence or
crime, he shall notify immediately the authorities of the PNP or NBI concerned.

(source: Implementing Rules and Regulatins of Chapter XXI – “Disposal of Dead Persons” of the
Sanitation Code of the Philippines [PD 856], dated September 30, 1996, issued by the Secretary
of Health)

ART. 307 – How funeral rites conducted; order of preference. –

(A) Expressed wishes of the deceased;
(B) Religious beliefs or affiliation; and
(C) Desire of person obliged to make funeral arrangements – after
consulting the other members of the family.

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ART. 308 – No human remains shall be retained, interred, disposed

of or exhumed without the consent of the persons mentioned in Art. 199 of
the FC and Art. 305 of the NCC.

ART. 309 – Material and moral damages may be indemnified to the

family of the deceased by any person who:
(a) Shows disrespect to the dead; or
(b) Wrongfully interferes with a funeral.

 In case damage to property has been committed, not only a civil action but
even a criminal action may be brought.
 Libel may be committed on a “person, living or dead.” (RPC)

ART. 310 – Expenses for mausoleum. –

 Deemed part of the funeral expenses.

 Shall be chargeable to the absolute community or conjugal partnership
property, if the deceased is one of the spouses.
 Award of actual damages for funeral expenses must be supported by
receipts, for every pecuniary loss must be established by credible evidence
before it may be awarded.

[NOTE: ARTS. 311-355, TITLE XI – PARENTAL AUTHORITY, has been REPEALED by THE
FAMILY CODE (Art. 254).]

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TITLE XI. – CARE AND EDUCATION OF

CHILDREN

ART. 356 – Every child:

(1) Is entitled to parental care ;
(2) Shall receive at least elementary education;
(3) Shall be given moral and civic training by the parents or guardians;
(4) Has a right to live in an atmosphere conducive to his physical, moral
and intellectual development.

P.D. 603, Art. 51. Reading Habit. – The reading habit should be cultivated in the
home. Parents shall, whenever possible, provide the child with good and wholesome
reading material, taking into consideration his age and emotional development. They shall
guard against the introduction in the home of pornographic and other unwholesome
publications.

Art. 56. Choice of Career. – The child shall have the right to choose his own career.
Parents may advise him on this matter but should not impose on him their own choice.

Art. 57. Marriage. – Subject to the provisions of the Civil Code, the child shall have the
prerogative of choosing his future spouse. Parents should not force or unduly influence
him to marry a person he has not freely chosen.

ART. 357 – Every child shall:

(1) Obey and honor his parents and guardian;
(2) Respect his grandparents, old relatives, and persons holding substitute
parental authority;
(3) Exert his utmost for his education and training;
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(4) Cooperate with the family in all matters that make for the good of the
same.

P.D. 603, Art. 45. Right to Discipline Child. – Parents have the right to
discipline the child as may be necessary for the formation of his good character, and may
therefore require from him obedience to just and reasonable rules, suggestions and
admonitions.

ART. 358 – Duties of parents and those exercising substitute parental

authority. –

(1) To see to it that the rights of the child are respected and his duties
complied with.
(2) To instill in the child (by precept and example):
(a) Highmindedness;
(b) Love of country;
(c) Veneration for the national heroes;
(d) Fidelity to democracy as a way of life; and
(e) Attachment to the ideal of permanent world peace.

P.D. 603, Title II, Chapter 4 (Liabilities of Parents):

ART. 58. Torts. – Parents and guardians are responsible for the damage caused by the
child under their parental authority in accordance with the Civil Code.

ART. 59. Crimes. – Criminal liability shall attach to any parent who:
(1) Conceals or abandons the child with intent to make such child lose his civil status.

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(2) Abandons the child under such circumstances as to deprive him of the love, care
and protection he needs.
(3) Sells or abandons the child to another person for valuable consideration.
(4) Neglects the child by not giving him the education which the family’s station in life
and financial conditions permit.
(5) Fails or refuses, without justifiable grounds, to enroll the child as required by
Article 72.
(6) Causes, abates, or permits the truancy of the child from the school where is en
enrolled. “Truancy” as here used means absence without cause for more than twenty
schooldays, not necessarily consecutive.
(7) Improperly exploits the child by using him, directly or indirectly, such as for
purposes of begging and other acts which are inimical to his interest and welfare.
(8) Inflicts cruel and unusual punishment upon the child or deliberately subjects him to
indignations and other excessive chastisement that embarass or humiliate him.
(9) Causes or encourages the child to lead an immoral or dissolute life.
(10) Permits the child to possess, handle or carry a deadly weapon, regardless
of its ownership.
(11) Allows or requires the child to drive without a license or with a license
which the parent knows to have been illegally procured. If the motor vehicle driven by the
child belongs to the parent, it shall be presumed that he permitted or ordered the child to
drive.
“Parents” as here used shall include the guardian and the head of the institution or
foster home which has custody of the child.

ART. 60. Penalty. – The acts mentioned in the preceding article shall be punishable with
imprisonment from two to six months or a fine not exceeding five hundred pesos, or
both, at the discretion of the Court, unless a higher penalty is provided for in the Revised
Penal Code or special laws, without prejudice to actions for the involuntary commitment of
the child under Title VIII of this Code.

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REVISED PENAL CODE:

Article 277. Abandonment of minor by person entrusted with his custody;

indifference of parents. – The penalty of arresto mayor and a fine not exceeding 500
pesos shall be imposed upon anyone who, having charge of the rearing or education of a
minor, shall deliver said minor to a public institution or other persons, without the consent
of the one who entrusted such child to his care or in the absence of the latter, without the
consent of the proper authorities.

The same penalty shall be imposed upon the parents who shall neglect their
children by not giving them the education which their station in life require and financial
conditions permit.

ART. 359 – The government promotes the full growth of the faculties
of every child. For this purpose, the government will establish whenever
possible:
(1) Schools in every barrio, municipality and city where optional
religious instruction shall be taught as part of the curriculum at the option
of the parent or guardian;
(2) Puericulture (the rearing and training of children) and similar
centers;
(3) Councils for the Protection of Children; and
(4) Juvenile courts.

ART. 360 – The Council for the Protection of Children shall look after
the welfare of children in the municipality. It shall, among other functions:
(1) Foster the education of every child in the municipality;
(2) Encourage the cultivation of the duties of parents;

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(3) Protect and assist abandoned or mistreated children, and

orphans;
(4) Take steps to prevent juvenile delinquency;
(5) Adopt measures for the health of children;
(6) Promote the opening and maintenance of playgrounds;
(7) Coordinate the activities of organization devoted to the welfare
of children, and secure their cooperation.

ART. 361 – Juvenile courts will be established in every chartered city or

large municipality.

NOTE: The then Juvenile and Domestic Relations Courts provided a unique form of
adjudication to youthful offenders and disposal of family cases. It was effective in
administering justice, because the methods were not adversarial, but it was oriented to
rehabilitation. It viewed the minor as a victim not as an aggressor. It undertook the
reformation of the youth with the purpose of integrating him or her into mainstream society.

However, on January 17, 1980 the Judiciary Reorganization Act or Batasang

Pambansa 129 abolished the Juvenile and Domestic Relations Courts. Section 23 of that
law authorized the Supreme Court to designate certain branches of the Regional and
Municipal Courts to act exclusively on juvenile and domestic relations cases. However,
these courts functioned also as courts of general jurisdiction which meant that separate
proceedings for youthful offenders were not possible.

Republic Act No. 8369 or the Family Courts Act of 1997 now vests in
the Family Courts exclusive jurisdiction over juvenile and domestic relations
cases, to wit:

“Section 1. Title. – This Act shall be known as the "Family Courts Act of 1997".

“Section 2. Statement of National Policies. – The State shall protect the rights and
promote the welfare of children in keeping with the mandate of the Constitution and the
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precepts of the United Nations Convention on the Rights of the Child. The State shall
provide a system of adjudication for youthful offenders which takes into account their
peculiar circumstances.

The State recognizes the sanctity of family life and shall protect and strengthen the family
as a basic autonomous social institution. The courts shall preserve the solidarity of the
family, provide procedures for the reconciliation of spouses and the amicable settlement of
family controversy.

“Section 3. Establishment of Family Courts. – There shall be established a Family

Court in every province and city in the country. In case where the city is the capital of the
province, the Family Court shall be established in the municipality which has the highest
population.

xxx xxx xxx

“Section 5. Jurisdiction of Family Courts. – The Family Courts shall have exclusive
original jurisdiction to hear and decide the following cases:

a) Criminal cases where one or more of the accused is below eighteen (18) years of age
but not less than nine (9) years of age or where one or more of the victims is a minor at the
time of the commission of the offense: Provided, That if the minor is found guilty, the court
shall promulgate sentence and ascertain any civil liability which the accused may have
incurred.
The sentence, however, shall be suspended without need of application pursuant to
Presidential Decree No. 603, otherwise known as the "Child and Youth Welfare Code";
b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter;
c) Petitions for adoption of children and the revocation thereof;
d) Complaints for annulment of marriage, declaration of nullity of marriage and those
relating to marital status and property relations of husband and wife or those living together
under different status and agreements, and petitions for dissolution of conjugal partnership
of gains;
e) Petitions for support and/or acknowledgment;

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f) Summary judicial proceedings brought under the provisions of Executive Order No. 209,
otherwise known as the "Family Code of the Philippines";
g) Petitions for declaration of status of children as abandoned, dependent or neglected
children, petitions for voluntary or involuntary commitment of children; the suspension,
termination, or restoration of parental authority and other cases cognizable under
Presidential Decree No. 603, Executive Order No. 56, (Series of 1986), and other related
laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise known as the "Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act," as amended by
Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women - which are acts of gender based violence that results, or are likely to
result in physical, sexual or psychological harm or suffering to women; and other
forms of physical abuse such as battering or threats and coercion which violate a
woman's personhood, integrity and freedom movement; and
2) Children - which include the commission of all forms of abuse, neglect, cruelty,
exploitation, violence, and discrimination and all other conditions prejudicial to their
development.
If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal
proceedings and the corresponding penalties.

If any question involving any of the above matters should arise as an incident in any case
pending in the regular courts, said incident shall be determined in that court.

ART. 362 – Whenever a child is found delinquent by any court, the father,
mother, or guardian may in a proper case be judicially admonished.

ART. 363 –

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 In all questions on the care, custody, education and property of

children, the latter’s welfare shall be paramount.
 No mother shall be separated from her child under seven years of age,
unless the court finds compelling reasons for such measure.

TITLE XIII. – USE OF SURNAMES

ART. 364 – Legitimate and legitimated children shall principally use

the surname of the father.

 Under Art. 174 of the Family Code, legitimate children shall have the right
to bear the surname of the father and the mother in conformity with the
provisions of the Civil Code on Surnames.

 Art. 364 applies even if the mother has divorced the father and is now
married to another man.

 An illegitimate child, using the mother’s surname, if subsequently

legitimated, may use the surname of the father even without judicial
decree.

 In Alfon vs. Republic (97 SCRA 858), the SC ruled that the word
“principally” used in Art. 364 is not equivalent to “exclusively” so that there is
no legal obstacle if a legitimate or legitimated child should choose to use the
surname of the mother to which it is equally entitled.

ART. 365 – An adopted child shall bear the surname of the adopter.
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ARTS. 366 & 367 – REPEALED

ART. 368 – Illegitimate children shall bear the surname of the mother.

 Under Art. 176 of the Family Code:

(1) Illegitimate children shall use the surname and shall be under
the parental authority of their mother.
(2) Illegitimate children may use the surname of their father if their
filiation has been expressly recognized by the father:
(a) through the record of birth appearing in the civil register; or
(b) when an admission in a public document or private handwritten
instrument is made by the father.

 While an illegitimate child of a woman may be allowed to bear the

surname of its stepfather without the benefit of adoption, a legitimate child
had by a prior marriage may not. (Republic vs. Vicencio, G.R. No. 88202, 14
December 1998, 101 SCAD 662).

ART. 369 – Children conceived before the decree annulling a voidable

marriage shall principally use the surname of the father.

ART. 370 – A married woman may use:

(1) Her maiden first name and surname and add her husband’s
surname; or
(2) Her maiden first name and her husband’s surname; or
(3) Her husband’s full name, but prefixing a word indicating that
she is his wife, such as “Mrs.”

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 Illustrative Example: Ailyn Bautista married Albert Alcantara. Ailyn may

use any of the following names:

(1) Ailyn Bautista Alcantara

(2) Ailyn Alcantara
(3) Mrs. Albert Alcantara

 NOTE: Ailyn cannot use Mrs. Ailyn Alcantara for this would be illegal
and ungrammatical, the term “Mrs.” Being the abbreviation of “Mistress.”
While she is the mistress of Albert, she is NOT the mistress of Ailyn.
However, if she wants to, she may still use Mrs. Ailyn Alcantara provided
that “Mrs.” is enclosed in parenthesis. She would then be using the form in
Art. 370 (No. 2) and the term “Mrs.” which should be enclosed would be
merely descriptive of her marital status.
 The law provides for alternatives on the part of the woman when she gets
married; hence, it is not mandatory for a woman to use the surname of her
husband.

ART. 371 – Effect of annulment of marriage on wife’s surname:

(1) If she is the guilty party, she shall resume her maiden name
and surname.
(2) If she is the innocent party, she may continue using the
surname of her husband, EXCEPT:
(a) If the court decrees otherwise; or
(b) She or the former husband is married again to another person.

 A married woman may revert to her maiden surname after the annulment
decree even without authority of the court.

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 When a woman marries, she does not change her name but only her civil
status. Hence, a petition to resume the use of her maiden name would be a
superfluity.

ART. 372 – When legal separation has been granted, the wife shall
continue using her name and surname employed before the legal separation.

 The use of the husband’s surname by the woman is not mandatory, but
merely optional.

ART. 373 – Use of surname by a widow:

(1) She may still continue to use the name and surname of the husband as
provided in Article 370; or
(2) She may use the name “Ailyn Bautista Vda. de Alcantara” , to show
that she is the widow of the late Albert Alcantara.

ART. 374 – In case of identity of names and surnames, the younger

person shall be obliged to use such additional name or surname as will avoid
confusion.

ART. 375 – In case of identity of names and surnames between

ascendants and descendants, the word “Junior” can be used only by a
son. Grandsons and other direct male descendants shall either:
(1) Add a middle name or the mother’s surname; or
(2) Add the Roman numerals II, III, and so on.

ART. 376 – No person can change his name or surname without

judicial authority.
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 Grounds for change of name:

(1) When the name is ridiculous or tainted with dishonor, extremely difficult
to write or pronounce;
(2) When the right to a new name is a consequence of a change of status,
like where a natural child is acknowledged or legitimated;
(3) When the change is necessary to avoid confusion;
(4) A sincere desire to adopt a Filipino name to erase signs of a former alien
nationality which unduly hampers social and business life.

 R.A. 9048. Art. 376 and also Art. 412 of the Civil Code have been
amended by R.A. 9048, otherwise known as “An Act Authorizing the City or
Municipal Civil Registrar or the Consul General to Correct a Clerical or
Typographical Error in an Entry and/or Change of First Name or Nickname in
the Civil Register Without Need of Judicial Order. Amending for this Purpose
Articles 376 and 412 of the Civil Code of the Philippines.” It was signed into
law on March 22, 2001.

Section 1. Authority to Correct Clerical or Typographical Error and Change of

First Name or Nickname. – No entry in a civil register shall be changed or corrected with
a judicial order, except for clerical or typographical errors and change of first name or
nickname which can be corrected or changed by the concerned city or municipal civil
registrar or consul general in accordance with the provisions of this Act and its
implementing rules and regulations.

Section 1. Definition of Terms. – As used in this Act, the following terms shall
mean:
xxx xxx xxx
(3) “Clerical or typographical error” refers to a mistake committed in the
performance of clerical work in writing, copying, transcribing or typing an entry in the civil

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register that is harmless and innocuous, such as misspelled name or misspelled place of
birth or the like, which is visible to the eyes or obvious to the understanding, and can be
corrected or changed only by reference to other existing record or records: Provided,
however, That no correction must involve the change of nationality, age, status or
sex of the petitioner.
(4) “First name” refers to a name or nickname given to a person which may consist
of one or more names in addition to the middle and last names.
Section 4. Grounds for Change of First Name or Nickname. – The petition for
change of first name or nickname may be allowed in any of the following cases:
(1) The petitioner finds the first name or nickname to be ridiculous, tainted with
dishonor or extremely difficult to write or pronounce;
(2) The new first name or nickname has been habitually and continuously used by the
petitioner and he has been publicly known by the first names or nicknames in the
community; or
(3) The change will avoid confusion.

 All petitions for the correction of clerical or typographical errors and/or

change of first names or nicknames may be availed for only once (Section 3,
5th par., RA 9048).

 A change of name or nickname can be effected through the office of the

local civil registrar reviewable by the office of the Civil Registrar General, and
finally the courts (Sections 6 & 7, RA 9048).

 A petition for change of surname is, however, a judicial proceeding in rem

(Yu vs. Republic, 17 SCRA 253), which is governed by Rule 103 of the Rules
of Court.

 Publication of the petition for change of name is essential for the court to
acquire jurisdiction (Ng Yao vs. Republic, 16 SCRA 283).

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 A person should not be allowed to use a surname which otherwise he is

not permitted to employ under the law (Manuel vs. Republic, 1 SCRA 836).
 In Moore vs. Republic, 8 SCRA 282, the Supreme Court rejected the
plea for change of name by a divorced woman who subsequently remarried
and desired to have her child’s surname changed to the surname of her
second husband, who had always treated the child with love and affection.

 A change of name does not alter family relations, rights or duties, legal
capacity, civil status or citizenship (Calderon vs. Republic, 19 SCRA 721).

ART. 377 – Usurpation of a name and surname may be the subject of

an action for damages and other relief.

ART. 378 – The unauthorized or unlawful use of another person’s

surname gives a right of action to the latter.

ART. 379 – The employment of pen names or stage names is permitted,

provided it is done in good faith and there is no injury to third persons. Pen
names and stage names cannot be usurped.

ART. 380 – Except as provided in the preceding article, no person shall

use different names and surnames.

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