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Persons and Family Relations is a (4) four unit course and a bar subject, covering the ff.:
I. Preliminary titles of the Civil Code (Articles 1-51)
2. Family Code and supplementary laws on marriage, children and the family, as amended
3. Funerals (Art. 305-3 10), care and Education of Children (Art. 356-363), Use of Surnames (Art.
364 - 380, as amended by RA. No. 9048), Absence (Art. 381 -389), Preswnption of Death (Art.
390- 396), Civil Register (Art. 407- 413) all under the Civil Code oftb.e Philippines and Summary
& Judicial Provisions
Final Examination - _ _ __
References:
I. New Civil Code of the Philippines (NCC), Articles 1-51; Articles 254-257; 305-310; 356-396;
407-413 (Republic Act No. 386)
../ __:.~r< ~ f, ~ 1~
RA 6809- an act lowering the age of majority to 18 years. (amending Art. 234 and repealing
Articles 235 and 237 of the Civil Code)
MAJOR PARTS:
I. Course Overview and Introduction to the Civil Code and Preliminary Title (Articles 1-5 I)
2. Introduction to the Family Code
3. General Provisions: Persons, Civil Personality & Citizenship and Domicile
4. Formal and Essential Requisites ofManiage
5. Rights & Obligations Between Husbands & Wives
COURSE OVERVIEW
fJ!!.:U: Course Overview and Introduction to the Civil Code and Preliminary Title
(a) The Concept of Civil Law, Influences of Philippine Civil Law
(b) The Effect and Application of Laws (Art. l-18, New Civil Code)
(c) Human Relations {Art..l9-36, NCC)
(g) Loss of Parental Authority and Substitute Parental Authority; Special Authority; Disciplinary
Measures
(h) Emancipation
(c) Adoption
(d) Swnmary Judicial Proceedings
Part 9: Review of Key Provisions
TOPICS/CASES
Part 1: Course Overview and Introduction to the Civil Code and Preliminary Title
(I) The Concept of Civil Law, Influences ofPhilippineCivil Law, Tolentino pp. l-10
In re: Max Sltoop 43 Plti/213 (1920)
(2) The Effect and Application of Laws (Art. 1-18, NCC), Tolentino, pp. 11-58
(a) Date of Effectivity Art. 2, NCC
(d) Customs contra.ry to public order &. proof Art. 9, 11-12, NCC
(e) Application of Laws
a. Application of Penal laws, and lawson Public Security and Safety Art.l4, NCC
b. Application of laws on Family Rights and Duties; Status Condition and Legal Capacity of
Persons Art. IS, NCC
c.law on Property Art. 16, NCC
d. Forms, Solemnities of Contracts and Wills Art. 17, NCC
(f) Suppletory Effect of the Civil Code Art. IS, NCC
Reference: Cesar S. Sangco, Chapter IX, Special Torts (Human Relations), Philippine Law on
Torts and Damages, JMC Press, 1978, 363-420
Part 2: Introduction to the Family Code
(4) Laws on the Family and Marriage : Overview & the concept of"Family"
Tolentino, pp.217-218 and Sempio-Diy, Introduction (Reasons for the Enacttnent of the Family Code)
Sec. 12, Al1 II; Sec.!, Art XV, 1987 Constitution
Art.l49-150, Family Code
Rommel Jacinto Dantes Silverio
R~public,
(5) Women's Status and Equality in Marriage and the Family : CEDAW, An.l6
Part 3: Persons. Civil Personality & Citizenship and Domicile
(6) Persons, Civil Personality, Natural & Juridical Persons
(a) Capacity (Juridical Capacity & Capacity to Act), Al1. 37, NCC
(b) Incapacity (Causes & Consequences), Art.3839, NCC;
1992, Republic Act No.7 I92, Sections 5-8
1973 & 1987 Constitution on Citizenship; Article 4, Sec. 1-5 1987 Constitution
Article 2, Sec. 14, 1987 Constitution
Republic Act 817 I (I 995)
Republic Act 9139, Administrative Naturalization Law, 2000 see Section 12
Republic Act 9225, Dual Citizenship Law, 2003
Political and Public Life (Article 7), Nationality, (Article 9) CEDA W
General Recommendation No. 23 (1997); General Recommendation No. 21,9-10 CEDAW
Nature of Contract
and
and
Cariiio v Cariiio, G.R. 102569, 2 February 2001 and Republic v C.A. and Castro 236 SCRA
Loria vs. Felix, 104 PhiL 1
and
and
Exception to Living together in relation to Fixing Domicile, Article 69 see pw:. (2)
Giota 11 Campos Rueda 35 Phi/252
Refer to: Republic Act 9262, Anti-Violence Against Women and Children Act of2004
b. Joint Support, Management of the Household, Relief for Neglect of Duty, Articles 70 72, FC
Arroyo v Vasquet de Arroyo 42 Phil page 54
and
and
Characteristics of Support:
Petilion for Habeas Corpus ofAngelle Anne Cervantes 169 SCRA 575
Leouel Santos and Rosario Bedia Somas v CA
Discrimination, (Article 1); Marriage and Family Life, (Article 16) CEDAW;
General Recommendation No. 21, 7-8 on (Art. 15); 10 (h) on Art. 16 ; 19-20, also in relation to
Article 16, CEDA W
(12) The Family Home & Property Relations- Mnrriage Settlements, Donations
General Recommendation No. 21 , 25-29, Right to property; 30-33, Right to Marital property; 34-
35, Inheritance
Marriage Settlements (Pre-nuptial Agreements). Validity, Article 75-77, FC
(ii) Donations by Reason of Marriage, Art.82-87
and
4. Ownership, Administrative, Enjoyment and Disposition of the Community Property, Article 96-98
Sempio-Dy pp. 169-174
On Code Commission' s Rationale for Preference over Husband' s Administrative and
Management
Sempio-Dy, Alicia(l988). pp. 170-171
10
5. Dissolution of the Absolute Community of Property, Article 99, FCa.. Effect of De facto
Separation and Abandonment Article 100-
101 , FC
ii.Conjuga.l Partnership Property - I. What Constitutes CPP, Article I06 & I 08, When constituted,
Article 105; Non-waiver, Article 107 in relation to Article 88 & 89, FC
De Ansa/do v Sheriff of Manila 64 Pili/ 156
Philippine National Bank v Qunitos 46 Phil 170 and Noble Jose v Noble Jose 41 Phil
713
and
On Code Commission's Rationale fi>r Preference over Husband 's Administrative and
Management:
Sempio-Dy, Alicia (1988). p. 216
6. Liquidation of the CI'P, Articles 129-133, FC
Babao v Villanueva 44 Phi/921 and Moore and Sons Mercantile Co v Wagner SO Phil
128
II
Arriola v Arriola GR 177703, 28 January 2008 and Spouses Verso/a v C4, 497 SCRA
J8S
and
12
ChiMing Tsoi v Court ofAppeals, G.R. No. 119190. Januiuy 16, 1997
Antonio v Reyes, G.R. 155800, Marc/r 10, 1006
Marcos v Marcos 343 SCRA 755
LeoniloAntonio v Marie Yvonne F. Reyes, GR 155800,10 March 2006 .
See also: Supreme Court Rule on Declaration ofNullity of Void Marriages and Voidable Marriages,
A.m. No: 02-11-10-SC 2003-03-04
{15) Incestuous Marriages and Marriages Void for reasons of Public Poli'cy; Preswnptive Death
Rep. v Nolasco 210 SCRA 20 and Rep. v Bermudez. Lorino 18 January 2005
Valdes v RTC 260 SCRA 111
(16) Deficiency in Consent Art. 45-47 FC; Prohibition on Collusion Mercado v Mercado 337 SCRA
122
13
2005 (Effect of Divorce by a fonner Filipino; Sempio-Dy: p. 32 on the application of Art. 26 [2))
Supreme Court Rules on Legal Separation, A.M. No. 02-11-11-SC
Grounds for Legal Separation , Article 55, FC
General Recommendation No. 2 I, (40) CEDAW; General Recommendation No. 12 & 19,
Violence Against Women, CEDA W
a. When Grounds not Available, Article 56, PC
Part 7: The Family & Family Relations, Support, Parental Authority, Emancipation and Age of
Majority
(18) The Family, Arl.149-150, FC; Review: Sec. 12, Art. II; Sec. I, Art.15 (1987, Constitution)
(19)Support, Review Definition, Article 194, FC; Who are entitled to Support each othe.r, Article
195-197, FC
(20)Amount, Article 20 I (in relation to 195-196); Necessity and Means Available, Article 202, PC,
liability
for Support in case there are two or more obliged, Article I 99-200, FC When Dentondable, Article 203;
(Effect of Separation in Fact) Article 127, FC; How to Fulfil, Article 204, FC; Non-Levy of
Support,
Article 205; Qualification (Excess) Article 208, FC; Reimbursement, Third Person providing Support.
Article 206-207, FC; Contractual Support, Article 208, FC(21) Support Pendente Lite, Article 198, FC
14
(22)Parental Aulhority, Definition, Character of Responsibility, Joint/ Preference for Father i.n case
of disagreement, Article 209-2111; also 186 (Adoption); See also effect of adoption (l'em1ination of
Parental Authority, Parents by Nature, Article 189, FC)
Exception Illegitimate Children, Sole Parental Authority of the Mother, Article 176, FC
On Code Commission's Rationale for Preference over Husband's Authority and Responsibi lity:
See : Rules on the Legal Guardianship of Minors, A.M. NO. 03-02-05-Supremc Court, May I, 2003.
b. Disciplinary Measures, Article 223224, FC
15
a. When it Takes Effect and Effect on Emancipated, Article 234 & 236, FC
b. Rccor~ed Agreement, Orphan Minor Child, Article 235, FC (As amended by RA 6809)
c. Revival of Parental Authority when Married Minor's marriage is declared void or annulled,
Article
237, FC (As amended by RA 6809)
l'urt 8: Patemiry and Filiation
(26}Concept of"Legitimacy," Article 163-165; Right of Legitimate Children, Article 174, FC;
Unson Il/11 Na11arro /OJ SCRA 182
a. Legitimated Children, Article 177- I 80; Effect on Descendants, Article 181; Period,
Ground and Interest to Impugn Legitimation, Article 182, FC
b. Adopted Children, Article 189; Effects, Article 190; (Grounds for Legal Separation)
55, FC; Also Sec. 3 (h), RA 9262
c. Exemptions:
Legal Fiction Extension ofLegitimucy, (Adultery) Article 167; (Nulliry) Article 53
& 54 in relation to Article 36, FC
(27} Action to Claim Legitimacy, Article I73; Proof of Filiation, Article 172, FC Illegitimacy,
Article 165, FC
Briones 11 Marice/ Miguel et.al. 440 SCRA 455 (Custody of Illegitimate Children)
Reynaldo Espiritu 11 CA and Teresita Masauding GR lll5640, 15 March 1995 (Exception)
/11 re: Stephanie Astorga Garcia GR UBJJIJJ March 2005 (Sumame); See RA 9255 (2(105)
amending Art. 176 of tire Family Code
16
Supreme Court AM. No. 6-11-15,2 October 2007, Rules on DNA Evidence
a. Grounds to Impugn Legitimacy, Articles 166 FC
b. Rules on Impugning Legitimacy, Article 168-171, FC
Republic Act No. 9255, (2002) Use of Father's Swname(28) Adoption
Republic Act 8552, Domestic Adoption Act of 1998
Lahorn vSibulo, 406SCRA JJ5
Jlepub/ic of tile Philippines vs. Court ofAppeals, et aL, 205 SCRA 356
Bobanovic, eta/. vs. Montes, etc., et al., 141 SCRA .485
3. LOOK AT THE DATES. PRIOlUTIZE DIGESTING LATER CASES. Clulnces are, the
latest case will contain a recitation of earlier cases - already digested by the ponente (the justice
who actually writes the text of the decision). Not only that- usually, the poncnte will compare and
contrast related cases, savlng.you a lot qf time in ca~;e you cannot read the full text of the original
decision. But set apart a time to read the original cases anyway.
4. USE BLOCK DIAGRAMS TO' REPRESENT THE PARTIES. Reduce the long list ofparties
into "F filed an action against C" etc. regardless of how long the full name ofF or C is. Make a
mental chart of who filed the original case and then trace it from there - who won in the original
jurjsdiction, it is always the loser who appeals if the case was resolved normally. But 80% ofcases
-r-eaching the Supreme Court are pre-emptive; filed by one of the parties before a final decision is
reached below. But.fustlhe.same, the party that goes to the Supreme Court is either the losing party
of the party about to lose. Jump to the dispositive portion and see if the petitioning party was
succes:.:fitl or not. Then reconstruct the arguments in between, using the liyllabus of the case (the
portion
of
every
SCRA
(text)
as
aid.
first
5. AT THE VERY LEAST, DIGEST AT LEAST ONE CASE FROM EVERY SECTION OF
THE COURSE OUTLINE. It is not the number of cases you digested that matters bur the
coverage. You must digest at least one case for every pertinent provision of law. Two; ifyou have
the
time.
Three,
if
you
anticipate
a
graded
recitation.
6. SEEK AN OIJ.'ORTUNI'I'Y TO DISPLAY WHAT YOU LEARNED.{[you are called for a
recitation on a case you did nor digest, offor to recite on another cases (most profe.rsors will allow
that, so long as you o.ffor to recite on the same subject matter.) The point is, let the professor krlow
that you attempted to understand the principle at work. If.embarrassed. do not sulk. Listen to the
person reciting - their digest may be correct and if it is, it will definitely come out in the exams.
7. DO NOT DEVOUR ALL FACTS. YOU DO NOT NEED THEM. You can t1y applying the
reverse analysis approach. Look at the ruling and then find out how the Court arrived at the n1li11g.
The Supreme Court throws out may irrelevant .facts because it is not a trier offacts. Do not t1y to
smell . out
every
fact
if it did not even concern the Justices.
18
8. REMEMBER THE "ANGLE OF CONCERN". Ifyou are digesting for a Constilutional Law
subject, ignore the issues that do not concern you. Read the case with particular interest on how the
9. KEEP YOUR DIGEST. YOU WILL DEFINITELY ENCOUNTER THE SAME CASES IN
YOUR lllGHER YEARS. [i]Most cases involve various aspects of the law. So the cases you
digested in Persons are most likely the S!lJlle ones you will read in Wills and Succession. Your
"angle of concern" will be different of course, but you will save a lot of time if you are familiar with
the
facts
already.