Once the decision of adoption becomes final there is already a relationship between parent and child.

-is limited between the adopter and the adoptee -does not extend beyond: adoptee does not become grandchild of the parents of the adopter

The adoptee becomes a legitimate child of the adopter after the adoption. -reciprocally heirs to each other

In adoption, the right of representation does not apply in intestate succession -example

Grandfather dies Adoptive mother can inherit from Grandfather Adopted child cant inherit because the right to inherit to inherit belongs to the Adoptive mother

What if Adoptive mother dies before Grandfather? Then the Grandfather dies after? The adoptive child cannot inherit from the grandfather (ADOPTION) The child can inherit from the grandfather (in normal cases)

What if the adopted child dies? Can the biological parents inherit from adoptee/adopted child? No because the relationship between adoptee and biological parents are cut off.

There is a way that a biological parent CAN inherit from the child and vice versa but only in a TESATE succession.

Support -everything indispensable to sustenance -education, transportation, dwelling, clothing, medical attendance

Who are obliged to support a child? There has to be a blood relationship 1. Spouses 2. Legitimate ascendants/descendants (no limit) 3. Parents with respect to their legitimate children and the legitimate or illegitimate children of the legitimate children 4. Parents with respect to their illegitimate children and the legitimate or illegitimate (up to grand parent and grand child only) children of the illegitimate children 5. Brothers and sisters -the one obliged to give support may refuse to comply with the obligation to give support to brothers or sisters 1. of age 2. the need for support is attributable to the fault or negligence of the brothers and sisters claiming for support

The one entitled to receive support must follow an order of priority: 1. His spouse 2. Descendant nearest to kin 3. Ascendants nearest to kin

What if the obligation falls on two or more persons?

Example: A has several children. He can claim from all of them in proportion to their income or resources

What if two or more children are claiming from one person? Same order of priority should be observed

Exception: If those claiming for support are the spouse and a child under parental authority, the child under parental authority is given priority over the spouse.

Does not depend on age of the one claiming support rather on the means of the giver and the needs of the receiver.

May a stranger compelled to give support?

Substitute parental authority -maybe exercised in the absence/unsuitability of parents

1. surviving grandparents 2. eldest bro/sis of age (unless unfit) 3. anyone in custody of the minor child -stranger is then obliged to give support to the child Commences from the time the need for it arises. But for purposes of payment, it can only be made only after judicial or extra judicial demand. A person may not be compelled to give support without such judicial or extra judicial demand.

Right to future support cannot be waived. But the right to claim support in arrears can be waived.

Parental Authority -jointly exercised by father and mother -incase of disagreement the decision of husband prevails

(READ/ REMEMBER the difference between 211 and 176)

In case of separation the court will decide who should exercise parental authority. One of the most important factors is the choice of the child. (but this is not always followed)

Child below 7 should not be separated from the mother. (unless mother is unfit/compelling reason) The moral depravity of a mother may not necessarily be a ground to deprive her of custody of her child. A bad wife is not equal to a bad mother. A prostitute can be a good mother.

Special Parental Authority -in case a minor child causes damage or injury while under the custody/supervision of a school or any individual, entity or institution engaged in child care, the school, school admin, teacher in charge or head of institution shall be liable for the damages caused by the child.

Principally and solidarily liable to the damaged caused by the minor child.

Principally -liability may be enforced directly against them

Solidarily -all of them shall be responsible for the damaged accused by the minor child -the complaining parties may go after all of them and anyone of them may be compelled for the entire damage -the person who paid the whole amount may recover reimbursement from the others

When is a minor child deemed to be under the Special Parental Authority? -any activity sponsored by the school or institution whether inside or outside school premises as long as it is authorized -if child is pursuing a legitimate student objective, enjoying student privilege, exercise of a legitimate student right

For parents to be subsidiary liable it must be established that school is insolvent to pay. Mere refusal to pay is not a ground.

ART 2180/2181 Student causes damage while under the custody/supervision of a school.

-whoever pays for the damage caused by the student has the right to recover reimbursement from the student who caused the damage -teacher/school then has no liability

Sta Maria: Applies only in a situation when the student is already of age unlike in 218 where the student is still a minor.

Grounds for terminating parental authority (READ BOOK)

Names= Rule 128 of Rules of Court: Correction of Entries in the Civil Registries

Judicial process and administrative process

Administrative -no judicial involvement, process will be handled only by the local civil registrar -file a petition in the civil reg

Maybe changed administratively

1. Correction of typographical error -errors in the entries which results from the clerical work (copying, typing, transcribing) -can be corrected by referring to other existing records -obvious to the eyes -changing the first name or nick name even if there is no error can be done in an administrative process

-nationality, gender, age and status (CANNOT BE CORRECTED USING ADMINISTRATIVE PROCESS) -change of SURNAME can be done in a judicial process only -it can be argued that TYPO ERRORS of surname is included in those that can be corrected through administrative process

Grounds for changing SURNAME

1. If it is ridiculous 2. If it is tainted with dishonor 3. Difficult to pronounce or write 4. Or if the Last name is the one known publicly