Members of the Family: Legally?



In this post, one would learn the definition of a family as provided by the Family Code of the Philippines.  Likewise, it is enumerated herein who are the members of the family and what would happen if suits may be filed between members of the same family.

What is the legal definition of a family?

The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects.

What would govern the family relations?

The family relations are governed by law and NO custom, practice or agreement destructive of the family shall be governed.

Who are members of the family or are included in the family relations?

Family relations include those:

1.     Between Husband and Wife;
2.    Between Parents and Children;
3.    Among other Ascendants and Descendants; and
4.    Among Brothers and Sisters, whether of the full or half-blood.


Are parents-in-law or brothers or sisters-in-law members of the family?

Based on who are provided by law, in-laws are not members of the family.  Only those enumerated above are members of the family.

May the suit between members of the family prosper?

As a general rule, no.  No suit between members of the same family shall prosper UNLESS it should appear from the verified complaint or petitioner that earnest efforts toward a compromise have been made, but the same have failed. 

What would happen to the suit if the complaint or petitioner shows no earnest efforts?

If it is shown that no such earnest efforts were in fact made, the case must be DISMISSED.

Is the rule on earnest effort applicable to all cases?

No.  It will not apply to cases which may not be the subject of compromise under the Civil Code of the Philippines.

Source:  The Family Code of the Philippines

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