ATENEO DE MANILA UNIVERSITY

Loyola Schools
Generic Course Syllabus for 2nd Semester, School Year 2012-2013

Department Marketing and LAw School JGSOM

Course No. Law 131

Course Title Family Law
No. of Units 3

Course Description:

An examination of the statutory provisions on persons and family relations, as

contained in the preliminary and human relations chapter of the Civil Code of the
Philippines and the Family Code. Topics include property relations between
spouses, paternity and filiations, adoption, and support and emancipation.

Course Objective/s:

The course aims to give students a brief introduction to the laws on persons, marriage,
family relations, property relations between spouses paternity and filiation, sdoption and
other related topics. The students will study the Family Code, applicable provisions of the
New Civil Code, related laws, as well as Supreme Court decisions applying and
interpreting the relevant laws.

It is expected that in analyzing and studying the said laws, the students will be able to
apply the same to real life situations and appreciate the possible legal consequences arising
from the same.

Course Outline:

Law131 Course Outline and Reading Materials

Class Date Laws/Cases

I. Introduction to Persons & Family Law

- Effects and Application of Law >>>>>
Publication E.O. 200
Non-retroactivity and Exceptions New Civil Code A
Counting of Time NCC Art. 13, E.O.

'- Civil Personality

Juridical Capacity vs. Capacity to Act NCC Art. 37
Circumstances limiting Capacity to Act NCC Art. 38, 39
Commencement of Personality NCC Art. 40, 41
Surnames NCC Art 370, 376
 R.A. 9255 "Ram
Age of Majority R.A. 6809
Degree of Relations

'- Citizenship
Who are citizens of the Philippines '87 Consti Art IV S
Domicile NCC Art. 50
Nationality Rule of Family Laws, Succession NCC Art. 15, 16
Law at the time of Marriage Applicable
Dual Citizenship R.A. 9225
Implementing R
II. Marriage
'- Definition Family Code Art 1
Social Contract and Civil Status Wassmer v. Vel
PTT v NLRC
Special Rules on Evidence Zulueta v. CA
Constitutional Provisions Art II Sec 12, Art 1

'- Essential Requisites

1. Legal Capacity
- Male and Female FC Art 2
- Age Requirements FC Art 5, 35(1), 4
- Not prohibited by law FC Art 5, 37, 38

2. Consent Freely Given

'- Formal Requisites

1. Authorized Solemnizing Officers FC Art 7, 10, 31, 3
LGC Chp 3 Art 1 S
Navarro v. Dom
2. Valid Marriage License FC Art 9, 11 to 21
- Exemption to Marriage License Reqt FC Art 27, 28, 31,
3. Marriage Ceremony FC Art 3, 6

'- Foreign Marriages and Foreign Divorces FC Art 26

Republic v Orbeci

'- Effects of Absence, Defect, Irregularities in the Requisites

Absence - Void Marriage FC Art 4
- Execption to Absence Rule FC Art 35(2)
Defect in Essential Reqs - Voidable
Irregularities in Formal Reqs - No effect

III. Paternity and Filiation

'- Legitimate Children FC Art 164, 54
'- Illegitimate Children FC Art 165, 175, 1
'- Proof of Filiation Required FC Art 172, 173, 1
'- Impugning Legitimacy FC Art 166, 170, 1
'- Legitimated Children FC Art 177

'- Adopted Children

Domestic Adoption Act, Requirements/Steps R.A. 8552
Inter-country Adoption Act R.A. 8043
'- Support FC Art 194, 195, 1
 '- Parental Authority FC Art 209-233
Substitute and Special Parental Authority
Effects on the Children and Property
Suspension or Termination
'- Earnest Effort Requirement in suits FC Art 151
'- Family Home FC Art. 152-161
Delizo v. Delizo

IV. Termination of Marriage

'- Death
Presumption on Time of Death NCC Art 42, 43
Subsequent Marriage based on Declaration of Presumtive Death FC Art 41
RP vs Nolasco
'- VOID Ab Initio
Never prescribe or ratified Ninal vs. Bayad
May not be attacked collaterally Cosca v Palaypay
Good faith immaterial, except RP v Castro
Effects of Declaration of Null/Void Marriage

1. One party below 18 yrs old FC Art 35 (1)

2. No authority of Solemnizing Officers FC Art 35 (2)
3. No Marriage Licences FC Art 35 (3)
4. Bigamous and Polygamous Marriages FC Art 35 (4)
5. Mistake as to Identity of Party FC Art 35 (5)
6. Incestous Marriages FC Art 37
7. Against Public Policy FC Art 38
8. Subsequent Marriage
Subsequent Marriage without securing Judicial Declaration of Nullity
of Previous FC Art 40, 53
Atienza v. Brillan
Domingo v. CA
Bobis v. Bobis
Subsequent Marriage without complying with law on presumptive
legitimes, distribution of property FC Art 52
Both Spouses in Bad Faith in Subsequent Marriage based on
Declaration of Presumptive Death FC Art 44

Effects of Declaration of Null/Void Marriage FC Art 50

'- Psychological Incapacity FC Art 36

Requisites Santos v. Bedia
Republic v. Moli
Chi Ming Tsoi v.
Difference with Canonical Annulment
Essential Marital Obligations FC Art 68, 70, 220
Effects of Declaration of Nullity

'- Voidable
By Whom and Prescriptive Period

1. One party 18- 21 yrs old FC Art 45 (1), 47

2. Unsound Mind FC Art 45 (2), 47

3. Consent obtained by Fraud FC Art 45 (3), 47
 - Non Disclosure of Conviction Anaya v Palaroa
- Concealment of Pregnancy Aquino v. Delizo
- Concealment of STD
- Concealment of Drug addition, Habitual Alchoholism,
Homesexuality
4. Force, Intimidation, or Undue Influence FC Art 45 (4), 47
5. Non-consumation of Marriage FC Art 45 (5), 47
Jimenez v Caniz
Doctrine of Triennial Cohabitation
6. Incurable STD FC Art 45 (6), 47

Effects of Annulment

Legal Separation Rules of Court

'- Effects of Legal Separation FC Art 63, 64
'- Grounds FC Art 55
'- Distinguished from Annulment
'- Distinguished from Separation de Facto
'- Procedures/Denials FC Art 56, 66

Property Relations
'- General Provisions FC Art 74
'- Pre-nuptial/ Marriage Settlement FC Art 77, 81

'- Donations by reason of Marriage FC Art 82, 84, 86,

Matabuena v Cerv
'- Absolute Community of Properties Regime (ACP) FC Art 91
Excluded Properties FC Art 92, 93
Charges upon and obligations upon ACP FC Art 94
Ownership, Administration and Disposition FC Art 96
Dissolution and Liquidation FC Art 99, 102
'- Conjugal Partnership of Gains Regime FC Art 105, 106, 1
'- Complete Separation of Property Regime FC Art 143 to 146
Causes for Judicial Separation of Property FC Art 135
'- Property Regime of union w/out Marriage FC Art. 147/148
Valdez v. RTC

Succession in a Nutshell
'- Intestate Succession Summary of Rule
Compulsory Heirs NCC Art 887
http://www.lawphi
Capacity to Succeed ml
Acceptance or Repudiation
Representation NCC Art 970, 971
Accretion
Heirs unworthy to succeed
NCC Art 919, 920
'- Wills and Testamentary Succession NCC Art 891
Legitime Summary of Rule
Notarial vs. Holographic Wills http://www.lawphi
 ml
http://www.lawphi
Preterition, Collation ml
Disinherittance
Reserva Troncal
Substitution
Probate

- Estate Tax NIRC Title III Chp

References (optional):

Persons and Family Relations Law by Sta. Maria

The Family Code by Sempio Diy
Lecture Notes on Civil Law of Prof Ruben Balane by Atty. Dot
Uy
Succession in a Nutshell by Sempio Diy
Tax Digests by Co-Untian
Arellano University Lawphil Project
Rules on Adoption
Rules on Declaration of Nullity and Annulment AM-0011-01-
SC
Rules on Legal Separation AM-02-11-11
Rules on Provisional Orders AM-02-11-12
Other cases/articles will be supplied as needed