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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSN. Paternity and Filiation2. Legitimate and Illegitimate Children - Family Code, arts. 164-165 and 167-169b. Rights of Legitimate Children - Family Code, Art. 174

Question

Question 2:

Mr. and Mrs. Dela Cruz have been married for five years and have a child named Juan. Recently, Mrs. Dela Cruz passed away due to an illness. Mr. Dela Cruz, being the sole surviving parent, is left with the responsibility of taking care of Juan. However, Mrs. Dela Cruz's parents, the grandparents of Juan, are demanding to have custody of Juan, claiming that as the paternal grandparents, they have the right to raise him.

Based on the provisions of the Family Code under the rights of legitimate children, discuss the rights of Juan as a legitimate child in the given scenario. Cite the specific articles of the Family Code that provide for the rights of legitimate children and explain how these provisions apply to Juan's situation.

  1. Discuss the rights of Juan as a legitimate child.
  2. Identify and explain the relevant articles of the Family Code on the rights of legitimate children.
  3. Apply the provisions of the Family Code to Juan's situation and explain how they affect the determination of custody.



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Bar Review Question: Question 2: Mr. and Mrs. Dela Cruz have been married for five years and have a child named Juan. R