Definition of Family
The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects. Consequently, family relations are governed by law and no custom, practice or agreement destructive of the family shall be recognized or given effect (Art. 149, Family Code)
Persons having family relation with each other
Family relations include those:
1. Between husband and wife;
2. Between parents and children;
3. Between other ascendants and descendants; and,4. Among brothers and sisters, whether of the full or half-blood (Art 150)
Earnest efforts at compromise before suits between family members
No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but that the same have failed. If it is shown that no such efforts were in fact made, the same case must be dismissed.
This rule shall not apply to cases which may not be the subject of compromise under the Civil Code (Art 151).
Art.
2035. No
compromise upon the following questions shall be valid:
1. The civil status of persons
2. The validity of a marriage or legal separation
3. Any ground for legal separation
4.
Future support
5. The
jurisdiction of courts
6.
Future legitime
• If a stranger is a party to a case between close relatives, there is no need to assert or allege earnest efforts at a compromise. The stranger may not be willing to be inconvenienced by the delay, and it is not fair that his rights should depend on the way the relatives would settle their differences (Magbaleta vs. Gonong, G.R. No. L-44903, April 25, 1977)
• If a stranger is a party to a case between close relatives, there is no need to assert or allege earnest efforts at a compromise. The stranger may not be willing to be inconvenienced by the delay, and it is not fair that his rights should depend on the way the relatives would settle their differences (Magbaleta vs. Gonong, G.R. No. L-44903, April 25, 1977)
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