Professional Documents
Culture Documents
Persons and Family Relations Syllabus
Persons and Family Relations Syllabus
1.
2.
3.
b. Formal
c. Effects
i. Absence of Essential or Formal: Void
1. Exception: Art. 35(2)
ii. Defective Essential: Voidable
iii. Irregular Formal: Valid but persons liable punished civilly, criminally or
administratively
1. Exception: Voidable if no consent from parents, either or both
of contracting parties at 18 or above but below 21
3. Authority of solemnizing officer (Art 7)
a. Persons authorized
b. Exception: Either or both parties in good faith, person unauthorized to
solemnize marriage Art. 35(2)
4. Valid Marriages License
a. Art. 9, Art. 10, Art. 20
b. Marriages Exempt from Marriage License (Art. 27-34)
i. No Good faith exception
c. When either or both parties are foreign citizens, Stateless persons or refugees
(Art. 21)
Ninal vs. Bayadog, G.R. No. 133778, March 14, 2000
5. Marriage Ceremony
a. No particular form prescribed
b. Minimum requirements:
i. Appear before Solemnizing officer
1. Proxy Marriage
ii. Declaration that they take each other as husband and wife
iii. Presence of at least 2 witnesses of legal age
1. Absence merely an irregularity
6. Non-Essential/Non-Formal Requirements
a. Marriage Certificate best evidence
b. Venue of Marriage (Art. 8)
i. Directory, not affect validity of marriage
7. Foreign Marriage
a. General Rule: Where one or both parties to the marriage are citizens of the
Philippines, the foreign marriage is valid in this country if solemnized in
accordance with the laws of the country of celebration
b. Exceptions:
i. contracted by a national who is below 18 years of age
ii. bigamous or polygamous (except as provided in Art. 41, FC)
iii. contracted through mistake of one party as to the identity of the other
iv. contracted following the annulment or declaration of nullity of a
previous marriage but before partition
v. void due to psychological incapacity
vi. incestuous
vii. void for reasons of public policy
c. Divorce (Art. 26(2))
i. Requisites
1. Valid marriage between Filipino citizen and foreigner
2. Valid divorce obtained by alien spouse capacitating him/her to
remarry
Garcia v. Receio, G.R. No. 138922, Oct. 2, 2002
Rep. vs. Cipriano Obrecido III, GR No. 154380, Oct. 5, 2005
Edgar San Luis v. Felicidad Sagalongos, G.R. No. 134029, February 6, 2007
Van Dorn vs. Romillo, 139 SCRA 139
Pilapil vs. Somera, 174 SCRA 653
Edgar San Luis vs. San Luis, G.R. No. 133743, Feb 6, 2007
Republic vs. Iyoy, 470 SCRA 508
Republic vs. Obrecido, 472 SCRA 114
Llorente vs. CA, 345 SCRA 592
Void Marriage
1. Where any party is below 18, even with consent of parents/guardians (Art. 35(1))
2. Absence of authority of person who solemnized the marriage (Art. 35(2))
a. Exception: Any or both of parties in good faith
3. Absence of Marriage License
a. Exceptions: Art 27-34
4. Bigamous or Polygamous (Art. 35(4))
a. Presumptive Death (Art. 41)
i. Effect of Reappearance of Absent Spouse
5. Mistake in (Physical) Identity (Art. 35(5))
6. Void Subsequent Marriage
a. Without judicial declaration of nullity of previous void marriage (Art. 40)
b. Without judicial declaration of presumptive death of absent spouse (Art. 41)
c. Where the absent spouse was presumed dead, and both the present spouse
and wouldbe spouse were in bad faith in contracting marriage (Art. 44)
d. Failure to record in the civil registry and registry of property the judgment of
annulment or of absolute nullity of the marriage, partition and distribution of
the property of the spouses and the delivery of the childrens presumptive
legitimes (Arts. 5253)
e. Effect of Termination of Subsequent Marriage (Art. 43)
i. Children of the subsequent marriage conceived prior to its termination
shall be considered legitimate;
ii. Dissolution & liquidation of the absolute community or conjugal
partnership. If either spouse acted in bad faith, his share in the net
profits shall be forfeited:
1. In favor of the common children;
2. If none, in favor of the children of the guilty spouse by previous
marriage; or
3. In default of children, in favor of the innocent spouse;
iii. Donations by reason of marriage remain valid except if the donee
contracted the marriage in bad faith;
iv. The innocent spouse may revoke the designation of the spouse in bad
faith as the beneficiary in any insurance policy; and
v. The spouse who contracted the subsequent marriage in bad faith shall
v.
vi.
vii.
viii.
ix.
Property Relation
Liquidation of Community of Property
Testate or Intestate Succession
Insurance Policy
Donation Propter Nuptias
Legal Separation
1. Grounds (Art. 55)
a. Effects of Filing Petition
b. Cooling-off Period (Art. 58)
2. Grounds for Denial of Petition (Art. 56)
3. Period for filing (Art. 57)
4. Effects of Decree of Legal Separation
5. Effects of Reconciliation
Francisco vs. Tayao, 50 Phil 42
Gaudionco vs. Hon. Penaranda, L-72984, November 27, 1987
Ong vs. Ong, 505 SCRA 76
Republic vs. Iyoy, 470 SCRA 508
Gines vs. Bugayong, 100 Phil 616
Lapuz-Sy vs. Eufemio, 43 SCRA 177
Cervantes vs. Fajardo, G.R. No. 79965, January 27, 1989
Espiritu vs. CA, G.R. No. 115640, March 15, 1995
Obligations Between Husband and Wife
1. Live Together
2. Mutual Love, Respect, and Fidelity
3. Mutual Help and Support
Goitia vs. Campos-Rueda, 35 Phil 252
a.
1. General Rule: consist of all property owned by the spouses at the time of the
marriage or acquired thereafter (Art. 91)
2. Exceptions
property acquired before the marriage by either spouse who has
legitimate descendants by a former marriage
b.
property for personal and exclusive use except jewelry
c.
property acquired during the marriage by gratuitous title, except when the
donor, testator or grantor expressly provides otherwise (Art. 92)
3. Administration and Disposition
4. Rule on Game of Chance
5. Remedies of Present Spouse in case of Abandonment
6. Charges upon and Obligations
7. Liquidation (Art. 102)
8. Grounds for Termination (Art. 99)
BA Finance Corporation, 161 SCRA 608
Marmount Resort Hotel Ent vs. Guiang, 168 SCRA 373
PNB vs. CA, 153 SCRA 435
Dela Cruz vs. Dela Cruz, 130 Phil 324
Conjugal Partnership of Gains
1. Properties under Conjugal Partnership of Gains
2. Exclusive Property of Each Spouse (Art. 109)
3. Rule in case of Improvement of Exclusive Proeprty
a. Accession
b. Reverse Accession
4. Charges Upon and Obligations
5. Liquidation
Metrobank, et al. v. Tan, GR No. 163712, November 30, 2006
Rodriguez v. De la Cruz, 8 Phil. 665
Pelayo v. CA, GR No 141323 June 8, 2005
Homeowners and Savings Loan Bank vs. CA,GR No 153802, March 11, 2005
Security Bank v. Mar Tierra Corp., GR No. 143382, November 29, 2006
Villanueva vs. CA, 427 SCRA 439
Villanueva vs. IAC, 192 SCRA 21
Tan vs. CA, 273 SCRA 228
Genato vs. De Lorenzo, 23 SCRA 618
BPI vs. Posadas, 56 Phil 215
Jocson vs. CA, 170 SCRA 333
Maramba vs. Lozano, 20 SCRA 474
Magalon vs. Montejo, 146 SCRA 282
In Re: Estate of Narciso Padilla, 74 Phil 377
Wong vs. IAC, 200 SCRA 792
The Family
1. Family Relation
2. Mandatory Prior Recourse to Compromise (Art. 151, NCC)
a. Exceptions
3. Family Home
a. General Rule: Exempt from executions
b. Exceptions
Gayon vs. Gayon, 36 SCRA 104
Olaco vs. Co Cho Chit, 220 SCRA 656
Manacop vs. CA, 277 SCRA 57
Modequillo vs. Brevo, 185 SCRA 766
Gomez vs. Sta. Ines, 473 SCRA 25
Patricio vs. Dario III, 507 SCRA 438
Versola vs. CA, 497 SCRA 385
Taneo vs. CA, G.R. No. 10532, March 9, 1999
Legitimate Children
1. General Rule: Conceived or born during a valid marriage
2. Exceptions
a. Artificial Insemination
b. Born of voidable marriage before decree of annulment
c. Conceived or born before judgment of nullity under Art. 36 has become final
and executory
d. Conceived or born of Subsequent marriage under Art. 53
e. Conceived or born of mothers who might have declared against legitimacy or
sentenced as adultress
f. Legally adopted
g. Legitimated
3. Rules on Impugning Legitimacy
a. Generally instituted only by husband
b. Prescriptive period
c. Exception: Heirs may file
1. Husband dies before period expires (have the remainder)
2. Posthumous birth (full period)
3. Continue case instituted by husband
d. Grounds
4. Actions to claim Legitimate/ Illegitimate Status
a. Who can claim
b. Proof of Filiation
5. Adoption
a. Domestic Adoption Act
b. Inter-country Adoption
SSS vs. Aguas, 483 SCRA 383
e.
f.
g.
h.
i.
Distrinction
Elements of Domicile
Kinds of Domicile
Requirements for Acquisiton of New Domicile
Funerals
1. Duty and right to make arrangement about funerals is in accordance with right and
Duty to support under Article 199, FC
2.
the funeral shall be in keeping with the social position of the deceased
3. the funeral shall be in accordance with the expressed wishes of the deceased
i.
in the absence of the expressed wishes, his religious beliefs or
affiliation shall determine
ii.
in case of doubt, the persons in Article 199, FC shall decide
5. any person who disrespects the dead or allows the same shall be liable for damages
If the deceased is married, the tombstone or mausoleum is deemed a part of the funeral
expense and chargeable against the community or conjugal partnership property
Absence
1.
2.
3.
4.
Provisional Abesence
Declaration of Absence
Presumption of Death
Reappearance of absentee
a. Effect on subsequent marriage of spouse present
b. Effect on Properties