This case has been cited 3 times or more.
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2016-02-03 |
JARDELEZA, J. |
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| Section 3, Rule 83 of the Rules of Court[45] provides for the allowance granted to the widow and family of the deceased person during the settlement of the estate. This allowance is rooted on the right and duty to support under the Civil Code. The right to support is a purely personal right essential to the life of the recipient, so that it cannot be subject to attachment or execution.[46] Neither can it be renounced or transmitted to a third person.[47] Being intransmissible, support cannot be the object of contracts.[48] Nonetheless, it has also been held that support in arrears is a different thing altogether. It may be compensated, renounced and transmitted by onerous or gratuitous title.[49] | |||||
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2009-09-18 |
CHICO-NAZARIO, J. |
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| It is settled, then, in law and jurisprudence, that the status and filiation of a child cannot be compromised. Public policy demands that there be no compromise on the status and filiation of a child.[22] Paternity and filiation or the lack of the same, is a relationship that must be judicially established, and it is for the Court to declare its existence or absence. It cannot be left to the will or agreement of the parties.[23] | |||||
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2005-05-17 |
CALLEJO, SR., J. |
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| Article 2035(1) of the New Civil Code provides that no compromise upon the civil status of persons shall be valid. As such, paternity and filiation, or the lack of the same, is a relationship that must be judicially established, and it is for the court to determine its existence or absence. It cannot be left to the will or agreement of the parties.[43] | |||||