SYLLABUS IN PERSONS AND FAMILY RELATIONS

SECOND SEMESTER, 2014-2015

ATTY. JUDY A. LARDIZABAL

I. Effect and Application of Laws (Civil Code)

a. Art. 2 Date of effectivity of laws
(i) Requirement of publication
(ii) Issuances that are covered/not covered by Art. 2.
Cases:
The People of the Philippines vs. Que Po Lay, G.R. No. L-6791, March 29, 1954
Tanada vs. Tuvera, G.R. No. L-63915, Decision dated April 24, 1985 and Resolution dated
December 29, 1986
La Bugal Blaan Tribal Assn. vs. Ramos, G.R. No. 127882, Jan. 27, 2004
Umali vs. Estanislao, G.R. No. 104037, May 29, 1992
Fortune Motors (Phils.), Inc. vs. Metropolitan Bank and Trust Co., et al., G.R. No. 115068,
November 28, 1996, 265 SCRA 7
b. Art. 3 Ignorantia legis non excusat
c. Art. 4 G.R. prospective application of laws
(i) Exceptions to the principle of non-retroactivity
(ii) see also Articles 22 and 62, Revised Penal Code
Albino Co vs. Court of Appeals, G.R. No. 100776, October 28, 1993
d. Art. 5 Concept of Mandatory and Prohibitory Laws
(i) G.R. violation makes act void; Exceptions.
e. Art. 6 Waiver of rights
(i) Requisites of a valid waiver.
Cui vs. Arellano University, L-15121, May 30, 1961
People of the Philippines v. Donato, G.R. No. 79269, June 5, 1991
f. Art. 7 Repeal of laws
(i) Express and implied repeal
Case: Iloilo Palay Corn Planters Assn. Inc. vs. Feliciano, 13 SCRA 377
g. Art. 8 Judicial decisions form part of the law of the land
(i) Law and jurisprudence
(ii) Stare decisis
Ting vs. Velez-Ting, G.R. No. 166562, March 31, 2009
Albino Co vs. Court of Appeals, G.R. No. 100776, October 28, 1993 (supra)
Pesca vs. Pesca, G.R. No. 136921, April 17, 2001
h. Arts. 9 &10 - Duty to render judgment; Rule on interpretation of law
Karen Salvacion vs. Central Bank of the Philippines, G.R. No. 94723, August 21, 1997
i. Arts. 11 &12 Customs; absence of presumption.
j. Art. 13 Legal Periods; Rule in case of leap year. (as amended by Book I, Section 31, Administrative
Code of 1987, E.O. 292)
National Marketing Corp. vs. Tecson, 29 SCRA 70, G.R. No. L-29131, August 27, 1969
Commissioner of Internal Revenue vs. Primetown Property Group, G.R. No. 162155, August 28,
2007
k. Art. 14 Applicability of Penal laws
(i) Principles of territoriality and generality; Exceptions.
l. Art. 15, 16, 17 lex nationalii, lex rei sitae and lex loci celebrationis
(i) see Article 26, Family Code
Miciano vs. Brimo, 50 Phil 867
In the Matter of Testate Estate of the Deceased Edward E. Christensen: Aznar vs. Garcia, G.R.
No. L-16749, January 31, 1963
Testate Estate of Amos Bellis, et al. vs. Edward A. Bellis, 20 SCRA 358

II. Human Relations

m. Arts. 19 to 22
(i) Abuse of rights; Requisites.

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 (ii) Difference between Art 20 and 21
(iii) Breach of promise to marry.
(iv) Damnum absque injuria; Volenti non fit injuria
(iii) Accion in rem verso; Requisites.
Hermosisima vs. Court of Appeals, L-14628, September 30, 1960
Wassmer vs. Velez, L-20089, December 26, 1964
Gashem Shookat Baksh vs. CA, 219 SCRA 115
Sergio Amonoy vs. Sps. Gutierrez, G.R. No. 140420, February 15, 2001
Nikko Hotel Manila Garden, et al. vs. Roberto Reyes, aka Amay Bisaya, G.R. No. 154259,
February 28, 2005
Pe vs. Pe, G.R. No. L-17396, May 30, 1962
Buag, Jr. v. Court of Appeals, G.R. No. 101749, July 10, 1992

n. Art. 22 to 23 principle of unjust enrichment

o. Art. 25 Enjoining thoughtless extravagance
p. Art. 26 Respect of rights of others; civil actions for violation.
q. Arts. 28 Unfair competition
r. Art. 29 - Effect of acquittal of the accused in the criminal case on the civil action
(i) Proof beyond reasonable doubt vs. Preponderance of evidence
(i) See Sections 1 & 5, Rule 111, Rules of Court
s. Arts. 30 to 35, 2176 Independent civil actions
(i) See Sections 2-3, Rule 111, Rules of Court
t. Art. 36 Prejudicial question
(i) Elements; see Sections 6-7, Rule 111, Rules of Court

III. Persons and Personality

o. Art. 37 - Juridical capacity; Capacity to act.
p. Art. 38 to 39 - Restrictions on capacity to act
q. Arts. 40 to 41 - Birth; Civil personality; Presumptive civil personality of unborn child.
r. Art. 42-43 Death; See Rule 131, Section 3 (jj) and (kk) on presumption of survivorship
s. Arts. 44 to 47 - Juridical persons
t. Arts. 50 to 51 Domicile and Residence
Romualdez-Marcos vs. Comelec, 248 SCRA 300

IV. Family Code

a. Art. 1 Marriage
(i) Nature; marriage vs. ordinary contracts
b. Art. 2 Essential requisites
(i) Art. 5 - Legal capacity: age, sex, absence of legal impediments: Art 37 and 38 on relationship and
subsisting marriage.
c. Art. 3 - Formal requisites
d. Art. 4 Effect of absence of/defect in any of the requisites
f. Arts. 3(3), 6 and 26, Art.18 NCC Marriage ceremony
g. Arts. 3(1), 7, 8 and 10 - Authority of the solemnizing officer
(i) Art 7 - Officers authorized to solemnize marriages;
(ii) See Sec. 444(18) LGC of 1991 - mayors
(iii) Exception: Art. 35(2) - mistake of fact vs. mistake of law; Art 3 NCC.
Rodolfo Navarro vs. Judge Hernando Domagtoy, A.M. No. MTJ 96-1088, July 19, 1996
Araes vs. Judge Occiano, A.M. No. MTJ-02-1390, April 11, 2002
(iv) Art 8 - venue of solemnization; Art. 10 -functions of consul;
h. Arts. 3(2), 9 to 21 & 26 Marriage License
(i) Requirements in securing marriage license
(ii) Duties of the civil registrar/ process
(iii) Art 21 - Requirements if applicant is a foreign national/stateless person
(iv) Art 27, 31-32, 34 - Exceptions to marriage license requirement
(v) Art. 22 marriage certificate

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 Nial vs. Bayadog, G.R. No. 133778, March 14, 2000
Borja-Manzano vs. Judge Sanchez, A.M. No. MTJ-000-1329, March 8, 2001
Republic vs. Jose Dayot, GR Nos. 175581 and 179474, March 28, 2008 (3rd Div.)
De Castro vs. Assidao-De Castro, G.R. No. 160172, February 13, 2008
Abbas vs. Abbas, G.R. No. 183896, January 30, 2013
i. Art. 26, Arts. 15 &17 NCC Marriage celebrated abroad and foreign divorce
Cases:
Tenchavez vs. Escao, G.R. No. L-19671, November 29, 1965
Alice Reyes Van-Dorn vs. Hon. Romillo, Jr., G.R. No. L-68470,October 8, 1985
Pilapil vs. Hon. Ibay-Somera, G.R. No. 80116, June 30, 1989
Republic vs. Orbecido III,G.R. No. 154380, October 5, 2005
Roehr vs. Rodriguez, 404 SCRA 495 (2003)
Garcia vs. Recio, G.R. No. 138322, October 2, 2001
Corpuz vs. Sto. Tomas, 628 SCRA 266, G.R. No. 186571, August 11, 2010
j. Void Marriages
(i) See A. M. No. 02-11-10-SC, March 4, 2003
(ii) Art. 35, Art 53 in relation to Art. 52
(iii) Art. 36 Psychological incapacity; relate to Arts. 68, 220, 221 and 225.
Republic vs. CA (Molina), G.R. No. 108763, February 13, 1997
Brenda Marcos vs. Wilson Marcos, G.R. No. 136490, October 19, 2000
Chi Ming Tsoi vs. Court of Appeals, 266 SCRA 325, January 16, 1997
Nilda Navales vs. Reynaldo Navales, G.R. No. 167523, 27 June 2008
Te vs. Te, G.R. No. 161793, February 13, 2009
Ting vs. Velez-Ting, G.R. No. 166562, March 31, 2009, 582 SCRA 694 (supra)
Suazo vs. Suazo, G.R. No. 164493, March 10, 2010
(iv) Art. 37 incestuous marriage
(v) Art. 38 against public policy
(vi) Art. 39 action is imprescriptible; R.A. 8533
(vii) Art. 40- Declaration of nullity of first marriage is required before subsequent marriage; See Art.
349 RPC on bigamy
Cases:
People vs. Mendoza, 95 Phil 845, September 28, 1954
People vs. Aragon, 100 Phil 1033, February 28, 1957
Weigel vs. Sempio Diy, 143 SCRA 499, August 19, 1986
Yap vs. Court of Appeals, 145 SCRA 229, October 28, 1986
Domingo vs. Court of Appeals, 226 SCRA 572, September 17, 1993
Atienza vs. Brillantes, Jr., 243 SCRA 32, A.M. No. MTJ-92-706 March 29, 1995 **
Marbella-Bobis v. Bobis, G.R. 138509, July 31, 2000
Mercado vs. Mercado, G.R. No. 137110, August 1, 2000; dissent of J.Vitug
Ty vs. Court of Appeals, GR 127406, November 27, 2000
Nicdao-Cario vs. Cario, G.R. No. 132529, February 2, 2001 **
Lucio Morigo vs. People, G.R. No. 145226, February 6, 2004 **
Tenebro vs. Court of Appeals, G.R. No. 150758, February 18, 2004; dissent J. Carpio
Jarillo vs. People, G.R. 164435, September 29, 2009
Montaez vs. Cipriano, G.R. No. 181089, October 22, 2012 **
(viii) Art. 41 Exception to void bigamous marriage under Art 35
Republic of the Philippines, vs. Gregorio Nolasco, G.R. No. 94053 March 17, 1993
Republic vs. Court of Appeals, G.R. No. 159614, December 9, 2005
Valdez vs. Republic, G.R. No. 180863, September 8, 2009
Republic vs. Cantor, G.R. No. 184621, December 10, 2013 **
(viii) Art. 42 Extrajudicial termination of valid marriage under Art. 41
(ix) Arts. 43 & 44 Effects of termination of marriage

k. Article 45 to 47 - Voidable Marriages

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 (i) Art 45 - Grounds;
(ii) Art. 46 Fraud;
(iii) Who may file the action;
(ii) Ratification;
(iii) Prescription.
Republic vs. Albios, G.R. No. 198780, October 16, 2013
l. Arts. 48 & 48 Presence of prosecutor; court shall provide for support and custody during pendency in
the absence of written agreement
m. Art. 50 Art. 43 (2) to (5) also apply to void marriage in Art 40 and voidable marriages in Art. 45.
(i) Relate Art. 43 (2) to Arts. 147 and 148
(ii) Relate Art. 43 (3) to Art. 86 (1), (2) and (3);
(iii) Relate Art. 43 (5) to Art. 63(4) on legal separation
(iv) Contents of judgment;
n. Art. 51 presumptive legitime
o. Art. 52 & 53 requirement of registration; failure to register will render marriage void
p. Art 54 Arts. 36 and 53 are exceptions to rule that children of void marriages are illegitimate.

q. Arts. 55-67 - Legal Separation

(i) Art. 55 grounds; relate to RA 9262, Anti-VAWC
(ii) Arts. 56-57 - Defenses
(iii) Art. 58 Cooling off period; see Sec. 19, RA 9262 (Anti-VAWC Act of 2004)
(iv) Art. 59 Reconciliation efforts
(v) Art. 60 confession of judgment
(vi) Art. 61 effects of filing petition
(vii) Art. 62 effects of pendency
(viii) Arts. 63 & 64 effects of legal separation
(ix) Arts. 65 to 67 effects of reconciliation

r. Rights and Obligations Between Husband and Wife

(i) Art. 68 essential obligations
(ii) Art. 69 Family domicile
(iii) Art. 70 - Support
(iv) Art. 71 Management of household
(v) Art. 72 Effect of neglect of duty; Reliefs from court: legal separation, receivership, judicial
separation of property, authority to be sole administrator of conjugal property or Art. 36
(vi) Art. 73 Exercise of profession; see Republic Act No. 10572

s. Property relations of the Spouses

(i) Arts. 74 to 75 what governs property relations
(ii) Arts 76 to 81 Marriage Settlement; relate to last par. Art. 1; Requirements for validity; see
Art. 1403 NCC;
(iii) Arts. 82 to 83, 86, 43(3), 50 - Donation propter nuptias
(iii) Art. 87 void donations by the spouses

t. Arts. 88 104 Regime of Absolute Community of Property

(i) Art. 88 start of regime
(ii) Art. 89 waiver of rights
(iii) Art. 90 suppletory application of rules on co-ownership
(iv) Arts. 91 to 93 what constitutes ACP
(v) Arts. 94 to 95 Charges upon and Obligations of ACP
(vi) Arts. 96 to 98 Ownership, administration and disposition of ACP
(vii) Arts. 99-101 Dissolution of the ACP
(viii) Arts. 102-104 Liquidation of ACP

u. Arts. 105-133 Regime of Conjugal Partnership of Gains

(i) Arts. 105 & 106 general provisions; concept
(ii) Art. 107 - Arts. 88 & 89 also applies

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 (iii) Art. 108 suppletory application of rules on the contract of partnership
(iv) Arts. 109 to 115 Exclusive Property of each Spouse
(v) Arts. 121 to 123 Charges upon and obligations of CPG
(vi) Arts. 124 to 125 Administration of CPG
(vii) Arts. 126 to 128 Dissolution of CPG
(viii) Arts. 129 to 133 Liquidation of CPG

v. Arts. 134 to 142 - Separation of Property of the Spouses and Administration of Common
Property by One Spouse During the Marriage
(i) Art. 134 G.R. separation of property during marriage shall not take place in absence of judicial
order
(ii) Art. 135 Causes for involuntary judicial separation of property
(iii) Art. 136 voluntary judicial separation of property
(iv) Arts. 137 to 140 effects of decree of separation of property
(v) Arts. 141 motion for revival of former property regime
(vi) Art. 142 administration of common property by one spouse during the marriage

w. Arts. 143 to 146 - Regime of Complete Separation of Property

x. Arts. 147 and 148 Property Regime of Unions without marriage or void marriage
(i) Relate to Arts. 50, 40, 43(2)
Valdes v. RTC, G.R. No. 122749, July 31, 1996
Ugalde v. Ysasi, G.R. No. 130623, February 29, 2008
Dio vs. Dio, G.R. No. 178044, January 19, 2011

y. Arts. 149 to 165 - The Family

(i) Arts. 149 to 151 - The Family as an institution
(ii) Arts. 152 to 165 The Family Home

z. Arts. 163 to 182 - Paternity and Filiation

(i) Arts. 163 to 171 - Legitimate Children; See Art. 54
(ii) Arts. 172 - Primary and Secondary Proof of Filiation
(iii) Arts. 173 in relation to 175 Prescriptive period
(iv) Arts. 175 and 176 as amended by RA 9255 Illegitimate children
(v) Arts. 177 to 182 Legitimated Children; see RA 9858.
Uyguangco v. Court of Appeals, G.R. No. 76873, October 26, 1989 - Recognition
Teofista Babiera vs. Presentacion Catotal, G.R. No. 138493, June 15, 2000 cancellation of
bcert
Arnel Agustin vs. Court of Appeals, G.R. No.162571, June 15, 2005 DNA testing
Joselito Puno vs. Puno Enterprises Inc., G.R. No. 177066, September 11, 2009 competent
evidence of paternity
Cruz vs. Cristobal, G.R. No. 140422 August 7, 2006 - competent evidence of paternity

aa. Adoption
(i) RA 8552 Domestic Adoption Law
(ii) A.M. No. 02-6-02-SC
(ii) RA 8043 Law on Inter-Country adoption
Sayson vs. Court of Appeals, 205 SCRA 321 collateral attack of decree
Tamargo vs. Court of Appeals, 209 SCRA 518 effectivity of decree; vicarious liability of
natural parents
Santos Jr. vs. Republic, 21 SCRA 379 right of representation
In the Matter of the Adoption of Stephanie Nathy Astorga Garcia, Honorato B. Catindig,
petitioner, G.R. No. 148311, March 31, 2005 use of surname/ middlename; liberal construction
in favour of adoption
In re: Petition for adoption of Michelle Lim and Michael Jude Lim, Monina Lim, petitioner, G.R.
Nos. 168992-93, May 21, 2009.
bb. Arts. 194 to 205 Support

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 (i) What comprises support
(ii) Order of preference; Order of liability
(iv) Exempt from attachment/execution

cc. Arts. 209 to 224, Parental Authority

(i) Arts. 209 to 215 general provisions
(ii) Arts. 216 to 219 Substitute and Special Parental Authority
(iii) Arts. 220 to 224 Parental authority upon the persons of the children
(iv) Arts. 225 to 227 Parental authority upon the property of the children
(v) Arts. 228 and 232 Grounds for permanent termination of parental authority
(vi) Arts. 229 to 231 Suspension or temporary termination of parental authority
(vii) Art 232 authority of persons exercising substitute parental authority; prohibition on persons
exercising special parental authority from inflicting corporal punishment
Leouel Santos Sr. vs. Court of Appeals, G.R. No. 113054 March 16, 1995 grandparents
substitute parental authority

dd. Arts. 234 and 236, as amended by RA 6809 - Emancipation

ee. Arts. 238 to 253 - Summary Judicial Proceedings in the Family Law
ff. Art. 256 Retroactive application of Family Code
Corito Tayag vs. Court of Appeals, G.R. No. 95229, June 9, 1992

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