COURSE SYLLABUS

Course Title: Persons and Family Relations Class M11 Thu 6-10PM
No. of Units: 4 Units Schedule: M12 Mon Fri 8-10PM
1st
Semester/SY: Semester, 2022-2023 Instructor: Atty. MS Gonzalez

I. COURSE DESCRIPTION AND OBJECTIVES

This is a 4-unit course on Persons and Family Relations. The aim is to provide law students with a firm
foundation of the laws and jurisprudence related to the subject and enable students to analyze,
examine, and apply their knowledge to specific cases with a gendered and child-sensitive perspective.

The course shall cover the preliminary titles and relevant chapters of the New Civil Code, the Family
Code of the Philippines, and supplementary laws on marriage, children, and the family.

Upon the completion of this course, the students are able to:
● discuss the effect and application of laws in the Philippines;
● explain the laws on Human Relations;
● distinguish between juridical capacity and capacity to act
● define marriage, identify its formal and essential requisites, and determine the effects of the
absence or defect of such requisites;
● analyze and discuss between void marriages, voidable marriages and legal separation;
● identify the rights and obligations between husbands and wives;
● analyze and compare the property relations between husbands and wives;
● define support, identify who are entitled to support and who are required to give support, and
explain how to obtain support;
● discuss parental authority and substitute parental authority;
● explain paternity and filiation and distinguish between legitimate, illegitimate, legitimated and
adopted children;
● explain the laws on use of surnames and the rules governing persons who are absent; and
● apply their knowledge of the fundamental concepts on persons and family relations to specific
cases and evaluate relevant cases and problems with a gendered and child-sensitive lens.

II. METHODOLOGY
The class shall meet online through Google Meet. The instructor shall facilitate student learning
primarily through the Socratic method. Students are expected to have read the assigned readings
before coming to class giving special attention to the provided guide questions. Aside from recitation,
student participation shall be elicited through workshops, case studies, and other modes of active
learning.
III. REFERENCES

Book:
Sta. Maria, M. (2022). Persons and Family Relations. Manila, Philippines: Rex Bookstore Inc.

Laws:
1987 Philippine Constitution
New Civil Code of the Philippines, RA 386, as amended
Family Code of the Philippines, EO 209, as amended
Code of Muslim Personal Laws, PD 1083
Section 31, Chapter VIII, Book I of EO 292, Administrative Code of 1987
The Family Courts Act of 1997, RA 8369
Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, AM
02-11-10-SC
Rule on Provisional Orders, AM 02-11-12-SC
Rule on Legal Separation, AM 02-11-11- SC
Rule on Guardianship of Minors, AM 03-02-05-SC
Domestic Administrative Adoption and Alternative Child Care Act, RA 11642
Anti-Violence Against Women and their Children Act, RA 9262
Child Youth and Welfare Code, PD 603
Special Protection of Children Act, RA 7610
Foster Care Act, RA 10165
Solo Parents Act, RA 8972
Reproductive Health Act, RA 10354
Women in Development and Nation-Building Act, RA 7192
Magna Carta of Women, RA 9710
Anti-Rape Law, RA 8353
Philippine Passport Act, RA 8239

Treaties:
Convention on the Elimination of All forms of Discrimination against Women (CEDAW)
Convention on the Rights of the Child (CRC)

Jurisprudence:
Cases taken up in the required book and as later assigned.

IV. OUTLINE AND GUIDE QUESTIONS

The flow of discussion and some guide questions to aid student learning are outlined below. In
addition to the legal provisions, students are required to read the corresponding jurisprudence taken
up in the required book.

UC School of Law * SY 2022-2023 Syllabus * Atty. MS Gonzalez

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PERSONS

1. When law takes effect doctrine, Art. 2 NCC

GUIDE QUESTIONS:
1. When do laws take effect? When did the New Civil Code take effect?
2. Is publication needed for laws to take effect? What types of laws are required to be
published?
3. Where should laws be published in order for them to take effect? What is the Official
Gazette? What is considered a newspaper of general circulation? Is there a required
number of paid subscribers to be considered a newspaper of general circulation?

2. Ignorance of the law, Art. 3 NCC

GUIDE QUESTIONS:
1. Are citizens without knowledge of the laws exempt from complying therewith?
2. What types of laws are contemplated in Art. 3 of the NCC?

3. Retroactivity of Laws, Art. 4 NCC

GUIDE QUESTIONS:
1. As a general rule, can laws be applied retroactively?
2. When can they be given retroactive effect?

4. Mandatory or Prohibitory Laws, Art. 5 NCC

GUIDE QUESTIONS:
1. What are mandatory laws?
2. What are prohibitory laws?
3. What is the effect of acts executed against mandatory or prohibitory laws?
4. How is this applied in In re Brehm v. Republic?

5. Waiver of Rights, Art. 6 NCC

GUIDE QUESTIONS:
1. What is waiver?
2. Can rights be waived?
3. When are waivers considered valid?

6. Presumption and Applicability of Custom, Arts. 7, 11, and 12 NCC

GUIDE QUESTIONS:
1. How are customs treated in our law?
2. Compare between juridical custom and social custom.
3. If you were the judge in Martinez v. Buskirk, how would you have decided the case?

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7. Judicial decisions, Arts. 8,9 and 10 NCC

GUIDE QUESTIONS:
1. Are judicial decisions applying and interpreting laws considered law?
2. When are these judicial decisions deemed part of the law? What is the effect of the
judicial decision is overturned?
3. Can a judge refuse to render judgment by reason of insufficiency of the laws?
4. How should a judge rule when there is no law governing a particular dispute?
5. Is judicial legislation allowed?

8. Legal Periods, Art. 13 NCC

GUIDE QUESTIONS:
1. In law, what is meant by “a year”, “a month”, “a day”, “a night”?
2. How are periods computed?

9. Territoriality Principle, Art. 14 NCC

GUIDE QUESTIONS:
1. Who are subject to the penal laws of the Philippines?
2. Do they include foreigners and non-resident Filipinos?
3. Are there individuals immune from criminal prosecution in the Philippines?

10. Conflict of Laws

a. Lex Nationalii, Art. 15 NCC
b. Lex Rei Sitae, Art. 16 NCC
c. Lex Loci Celebrationis, Art. 17 NCC
d. Doctrine of Renvoi

GUIDE QUESTIONS:
1. Are laws relating to family rights and duties, status, condition and legal capacity of
persons binding upon non-resident citizens?
2. Which law governs real and personal properties? Is it the law of the country where
the real property is situated or the law of the country to which the owner is a national
of?
3. Is the law the same with regard to properties subject to intestate or testate
succession?
4. When is the national law of the decedent applicable in intestate and testate
succession?
5. Which law governs the forms and solemnities of contracts, wills, and other public
instruments?
6. Should acts performed in a foreign country before Philippine diplomatic and consular
officials conform with the solemnities under Philippines law?
7. Give an example of a case involving the Doctrine of Renvoi

UC School of Law * SY 2022-2023 Syllabus * Atty. MS Gonzalez

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11. Human Relations in Relation to Persons, Arts. 19-36 NCC

GUIDE QUESTIONS:
1. What are the elements of an abuse of right under Art. 19 of the NCC?
2. What are the elements of acts contra bonus mores under Art. 21 of the NCC?
3. Is a mere breach of promise to marry actionable?
4. Give specific examples of cases falling under Arts. 19-21 of the NCC.
5. What is the concept of unjust enrichment? Does the prohibition against unjust
enrichment apply to the government?
6. Are courts called upon to be vigilant for the protection of the disadvantaged?
7. Can ostentatious activities during times of emergency be stopped? Who may seek
such injunction?
8. How is human dignity protected by the NCC?
9. What is the recourse of a person suffering from the refusal or neglect of any public
servant or employee to perform his duties?
10. Can a civil case for damages prosper against an accused who has been acquitted of
a crime for the same act?
11. Distinguish between preponderance of evidence and proof beyond reasonable
doubt.
12. What is the burden of proof required in a separate civil action arising from a
criminal offense?
13. Compare the civil obligations discussed in Articles 29, 30 and 31.
14. Can one file a civil action for violations of constitutional rights? What are the
elements for such cause of action? Is good faith a defense in such cases?
15. Explain the liability of a judge under Art. 32.

12. Capacity to Act

a. Juridical Capacity and Capacity to Act, Art. 37 NCC
b. Restrictions on Capacity to Act, Arts. 38 and 39 NCC
c. Birth and death of natural persons Arts. 40-42 NCC

GUIDE QUESTIONS:
1. Distinguish between juridical capacity and capacity to act.
2. How do the following limit or modify capacity to act: age, insanity, imbecility, the
state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence,
insolvency and trusteeship?
3. Define civil personality. What is the relation of birth and death to civil personality?
4. When is a fetus considered born?
5. Can the rights and obligations of a deceased person still be regulated? How?

13. Presumptions on Survivorship, Art. 43 NCC

GUIDE QUESTIONS:
1. What is the rule in cases when there is a doubt as between two or more persons who
are called to succeed each other as to which of them died first?

UC School of Law * SY 2022-2023 Syllabus * Atty. MS Gonzalez

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14. Surnames, Art. 364-380 NCC; Philippine Passport Act, RA 8239

GUIDE QUESTIONS:
1. What is a surname?
2. What surname may be used by: a. Legitimate children b. Legitimated children c.
Children born of illegitimate parents d. Married women e. Women whose marriage
have been annulled or nullified f. Legally separated women and g. Widows.
3. What are the rules on identity of names and surnames?
4. What is the remedy of a person whose name has been usurped or unlawfully used?
5. Can a person use different names and surnames?

15. Rules Governing Persons Who are Absent

a. Provisional Measures in case of Absence, Arts. 381-383 NCC
b. Declaration of Absence, Arts. 384-386 NCC
c. Administration of the property of the absentee, Arts. 387-389 NCC
d. Presumption of Death, Arts. 390-392 NCC
e. Effect of Absence upon the contingent rights of the absentee, Arts. 393-406 NCC

GUIDE QUESTIONS:
1. If a relative or a friend disappears and his/her whereabouts are unknown, what legal
steps can you take to safeguard the rights and interests of your relative or friend?
2. Who may ask for Declaration of Absence of a person? When can this action be
instituted?
3. When will a judicial declaration of absence take effect?
4. Who may administer the properties of the absentee? What are the rules if the
administrator/administratrix is a spouse?
5. When is an absentee presumed dead?
6. Discuss the effect of absence upon the contingent rights of the absentee.
7. What is the effect of the appearance of a person judicially declared as absent?

MARRIAGE

1. General Principles, Arts. 1-34 FC

a. Essential Requisites
b. Formal Requisites

GUIDE QUESTIONS:
1. What is marriage?
2. What are the essential requisites of marriage?
3. What are the formal requisites of marriage?
4. What is the effect of the absence of any of the essential or formal requisites of
marriage? Is the effect the same if there is only defect in the requisites?
5. Who are authorized to solemnize marriages?
6. Provide instances of marriages that are exempt from the license requirement.

UC School of Law * SY 2022-2023 Syllabus * Atty. MS Gonzalez

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2. Mixed Marriages, Foreign Divorce and Muslim Divorce, Art. 15 NCC; Art. 26 FC; PD 1083

GUIDE QUESTIONS:
1. How are foreign and mixed marriages treated in Philippine law?
2. How are foreign divorce decrees treated in Philippine law? What is the effect on the
Filipino spouse of a foreign divorce decree?
3. What is the rule on divorce under the Code of Muslim Personal Laws?

3. Void and Voidable Marriages, Arts. 35-36; 37-44; 45-49; 50-54 FC

Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable
Marriages, AM 02-11-10-SC
Rule on Provisional Orders, AM 02-11-12-SC
Art 27, PD 1083 (Code of Muslim Personal Laws)

GUIDE QUESTIONS:
1. Distinguish between a void marriage and a voidable marriage.
2. What marriages are void from the beginning?
3. What marriages are voidable? Who can file annulment of marriages? What is the
period to file such action?
4. Can spouses agree to an action for nullity or annulment of their marriage?
5. What are the consequences of a pending action for and the final determination of
nullity or annulment of a marriage?

4. Legal Separation, Arts. 55-67 FC

Rule on Legal Separation, AM 02-11-11- SC
De facto Separation, Arts. 100, 127, 239-248 FC

GUIDE QUESTIONS:
1. What is legal separation? Distinguish legal separation from an action for nullity or
annulment of a marriage.
2. What are the grounds for legal separation?
3. What are the grounds for denial of an action for legal separation?
4. When should an action for legal separation be filed?
5. Can spouses agree to file an action for legal separation?
6. What are the consequences of pending actions for and the final determination of the
legal separation of spouses?
7. What are the effects of reconciliation of the spouses to a pending or concluded
action for legal separation?
8. What are the effects of a de facto separation of spouses?

5. Property Relations Between Spouses

a. General Provisions, Arts. 74-81 FC
b. Donation Propter Nuptias and Void Donations by the Spouses, Arts. 82-87 FC
c. Absolute Community of Property Regime, Arts. 88-104 FC
d. Conjugal Partnership of Gains Regime, Arts. 105-133 FC

UC School of Law * SY 2022-2023 Syllabus * Atty. MS Gonzalez

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 e. Separation of Property Regime, Arts. 143-146 FC
f. Property Regime of Unions without Marriage, Arts. 147-148 FC
g. Judicial Separation of Property, Arts. 134-142 FC

GUIDE QUESTIONS:
1. What are the property relations between spouses that are recognized under our law?
Make a comparison between them.
2. What is donation by reason of marriage? Are they allowed? What are the rules on
such donations?
3. What is the property regime of unions without marriage? How does the law
distinguish between the different types of unions without marriage?

6. Rights and Obligations Between Spouses, Arts. 68-73, 199-200 FC

RA 10572, Amending Arts. 73 and 111 of the Family Code
Women in Development and Nation-Building Act, RA 7192
Magna Carta of Women, RA 9710
Art 247, Revised Penal Code
Anti-Rape Law, RA 8353
Anti-Violence Against Women and their Children Act, RA 9262

GUIDE QUESTIONS:
1. What are the rights and obligations between husbands and wives?
2. Whose decisions prevail over the other, if any? In what instances can Courts decide
for the spouses?
3. Can there be rape between spouses? What are its consequences?
4. What are the salient points of Art. 247 of the Revised Penal Code and RA 9262 in
relation to the rights and obligations between husbands and wives?

7. The Family
a. General Principles, Arts. 149-151 FC; Art. 220 NC
b. Constitutional Provisions
Section 12 and 14, Article II, 1987 Constitution
Section 1-3, Article XV, 1987 Constitution
c. CEDAW Provision, Article 16
d. Other Domestic Laws
Women in Development and Nation-Building Act, RA 7192
Magna Carta of Women, RA 9710

GUIDE QUESTIONS:
1. What are the obligations of the Philippines as a State Party to the CEDAW,
specifically under Art. 16 of the Convention?
2. Cite the Constitutional provisions relating to the Family.
3. What are the rights of women recognized under RA 7192 and RA 9710?
4. What is considered the foundation of the nation?
5. Can agreements destructive of the family be given effect in law?
6. When the law speaks of family relations, what does it include?

UC School of Law * SY 2022-2023 Syllabus * Atty. MS Gonzalez

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 7. Can members of the same family file civil actions against each other?
8. Are earnest efforts toward a compromise always necessary before a civil action can
be lodged between members of the same family?
9. Can members of the same family file criminal actions against each other? What are
the rules?

8. The Family Home, Arts. 152-162 FC

GUIDE QUESTIONS:
1. What are the legal requirements to constitute a family home?
2. Who are the beneficiaries of a family home?
3. What are the benefits of constituting a family home?
4. What is the rule in the disposition of a family home?

9. Paternity and Filiation

a. Concepts of Paternity, Filiation, and Legitimacy
b. Legitimate Children, Arts. 163-171; Arts. 172-174 FC
i. Who are Legitimate Children
ii. Proof of Filiation of Legitimate Children
iii. Rights of Legitimate Children
iv. Grounds to Impugn Legitimacy
c. Illegitimate Children, Arts. 175-176; RA 9255, Amending Art. 176 of the Family Code
i. Who are Illegitimate Children
ii. Proof of Filiation of Illegitimate Children
iii. Rights of Illegitimate Children
iv. Grounds to Impugn Filiation
d. Legitimated Children, Arts. 177-182 FC; RA 9858, Amending Art. 177 & 178 of the FC
i. Who May be Legitimated
ii. How Legitimation Takes Place
iii. Grounds to Impugn Legitimacy
e. Adopted Children
i. Domestic Administrative Adoption and Alternative Child Care Act, RA 11642
ii. Who May Adopt
iii. Who May be Adopted
iv. Effects of a Decree of Adoption, Arts. 189-190 FC

GUIDE QUESTIONS:
1. What is meant by filiation? How is it determined?
2. Who are considered legitimate and illegitimate children?
3. Who can institute an action to prove the legitimacy or illegitimacy of a child? What
proof is needed? What is the prescriptive period?
4. What are the rights of legitimate children? Of children born of illegitimate parents?
5. What is legitimation? When does it take place?
6. What are the rights of legitimated children? When are these rights acquired?
7. What is the effect of legitimation of children who died before the celebration of the

UC School of Law * SY 2022-2023 Syllabus * Atty. MS Gonzalez

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 marriage?
8. Who may impugn the legitimacy of the child? What are the grounds for impugning
the legitimacy and legitimation of a child? What is the prescriptive period?
9. What is adoption?
10. Who may adopt? Who may be adopted? Whose consent is necessary to the
adoption?
11. What is the procedure in adoption?

10. Support, Arts. 194-208 FC

a. What Comprises Support
b. Who are Obliged to Give Support
c. Source of Support
d. Order of Support
e. Amount of Support
f. Manner and time of payment
g. Renunciation and termination
h. Support pendente lite
i. Procedure in applications for support

GUIDE QUESTIONS:
1. What is support? What does it comprise?
2. Who are obliged to give support? What is the order required by law?
3. What are the sources for support?
4. How much support is required to be given? How should it be made and when?
5. What is support pendente lite?
6. Are strangers required to give support? What is the effect if they do?
7. Can support be levied upon on attachment or execution?
8. What is the procedure in applying for support?

11. Parental Authority

a. General Provisions, Arts. 209-215 FC
b. Substitute and Special Parental Authority, Arts. 216-219 FC
c. Effect of Parental Authority upon the Persons of the Children, Arts. 220-222 FC
d. Effect of Parental Authority upon the Property of the Children, Arts. 225-227 FC
e. Suspension or Termination of Parental Authority, Arts. 228-233 FC
f. Special Protection of Children Act, RA 7610
g. Rule on Guardianship of Minors, AM 03-02-05-SC
h. Foster Care Act, RA 10165
i. Solo Parents Act, RA 8972

GUIDE QUESTIONS:
1. What does parental authority and responsibility cover?
2. Who has the primary responsibility to exercise parental authority?
3. What is substitute parental authority? Who are designated by law to exercise the
same?
4. Who has special parental authority over minors?

UC School of Law * SY 2022-2023 Syllabus * Atty. MS Gonzalez

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 5. Who may be placed under foster care?
6. Who may be a foster parent?
7. Who are solo parents? What rights and benefits do they have under the law?
8. What is the liability of parents, guardians, persons exercising substitute parental
authority and persons exercising special parental authority for damages caused by the
acts or omissions of minors?
9. What are the rights and duties of persons exercising parental authority?
10. What is the remedy available for those exercising parental authority for children
that need disciplinary measures?
11. What is the effect of parental authority over the property of the children?
12. When is parental authority terminated? When is it suspended?

V. REQUIREMENTS AND GRADING

Passing grade is 75. Grades shall be computed as follows:

Requirement Grade Description

Ratio
Class 40% Recitation and participation in class activities such as
participation workshops, quizzes, and submission of assigned works
Midterm Exam 30% Written examination
Final Exam 30% Written examination (Departmental Exam)

VI. CONSULTATION

The instructor is available for consultation between 530-630 PM on Saturdays. Please schedule an
appointment through email - mgonzalez@uc.edu.ph. Thank you.

UC School of Law * SY 2022-2023 Syllabus * Atty. MS Gonzalez

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