PERSONS AND FAMILY RELATIONS

AND RELATED LAWS

JOSE MARIA COLLEGE

College of Law

Judge CRESENCIANA DC CRUZ

Professor
Persons and Family Relations and
Related Laws
In the Past Bar Examinations (Family Law)
 2005-------------35%
 2006-------------60%
 2007-------------30%
 2008-------------28%
 2009-------------26%
 2010-------------71%
 2011-------------60%
 2012-------------38%
 2013-------------10%
 2014-------------31%
 2015-------------36%
 2016-------------20%
 2017-------------10%
 2018-------------35%
 2019-------------30%
 COURSE DESCRIPTION and OBJECTIVES
 Persons and Family Relations is a four (4) unit
course and a bar subject under Civil Law.
 It first views the effect and application of laws and
the law on human relations and then proceeds to
examine the legal norms affecting civil
personality, marriage, property relations between
husband and wife, legal separation, separation of
property, family, paternity and filiations,
adoption, guardianship, support, parental
authority, surnames, absence, emancipation and
funeral.
 COURSE DESCRIPTION and OBJECTIVES
 The course also covers the different rules of
procedures relative to 1) legal separation, 2)
annulment and 3) declaration of nullity of
marriage, 4) separation of property of spouses, 5)
proving paternity and filiations, 6) adoption, 7)
guardianship, 8) demand for support, 9) parental
authority, 10) change of surnames, 11) declaration
of absence and 12) emancipation.

 This course aims to educate the students on the

coverage of the subject mentioned above and to
apply the same to actual cases.
 LEARNING OUTCOMES
 At the end of the semester, the students are expected to

 Have understood the concept of law, its effectivity, and

how the same is repealed;

 Have understood the law on human relations and the

legal norms affecting civil personality;

 Have attained knowledge of the concept of marriage,

nature of marriage, actions affecting marriage, the
property relations between husband and wife, legal
separation, separation of property, family, paternity and
filiations, adoption, guardianship, support, parental
authority, surnames, absence, emancipation and funeral.
 LEARNING OUTCOMES

 At the end of the semester, the students are expected to

 Have understood different rules of procedures relative to

legal separation, annulment and declaration of nullity of
marriage, separation of property of spouses, proving
paternity and filiations, adoption, guardianship, demand
for support, parental authority, change of surnames,
declaration of absence and emancipation;
 ready to apply these principles to actual or hypothetical
cases.
 TEACHING METHODOLOGY
 The modified Socratic method or question and answer
system shall be the principal method of instruction to
enable students to think clearly under pressure, learn to
analyze problem situations and develop in them a critical
attitude towards the subject matter being discussed.
 Every session will start with a one-question quiz;
recitation follows; after which the professor supplements
through further discussion of the topics.
 Always be ready with a yellow paper of good quality
 Live-lectures via ZOOM will be conducted real-time.
 Instructions, assignments, class activities will also be
posted at Google Classroom and Group Chat exclusively
for this course, from time to time.
 REFERENCES AND OTHER MATERIALS

 Civil Code Book 1 by Paras

 Persons by Pineda
 Civil Code of the Phils by Rabuya
 Family Code by Pineda

 Supplemental materials:
 COURSE POLICIES
 Attendance-punctuality
 Dress code
 Proper Conduct and behavior
 COURSE POLICIES
 The class reading assignments will follow the course
syllabus.
 Students should read ahead and should be ready for the
session’s discussion. Students are required to read all the
commentaries corresponding to the provisions indicated.
 Cases are already stated in the syllabus. However,
additional cases may be given from time to time
 Students are strongly advised to read all cases assigned in
their original.
 NO RECORDING OF LIVE LECTURES.
EXAMINATIONS

“No Permit, No Exam” Policy

Cheating during examinations

QPI (1st yr) = 78

GWA
QPI- on the basis of the 1st and 2nd
semester

Inc.
Grading System:
 70% - Examinations
 20% - Prelim Examination
 20% - Midterm Examination
 30% - Final Examination

 30% - Quizzes, Recitation, Attendance, Case

Digest, Debate
 10%- Quizzes
 5% - Recitation
 5% - Attendance
 5% - Debate
 5% - Case Digest
 5% - Case Digest (50 cases only)

 15 cases - prelim exam

 15 cases - midterm exam
 20 cases - final exam

 Must be in your own handwriting

 Long-hand or printed (but with small caps)
 Yellow paper of good quality

 If still no face-to-face class – to be sent via

private courier after every exam
Method/s of instruction

Professors

Classmates
 TIPS TO STUDENTS
 1. improve language skills and use dictionary
2. learn to love reading
3. improve study habits
4. start building up personal library
5. improve penmanship
6. observe common sense
7. do not compete with your classmates
8. be HUMBLE- huwag FEELING-----
INTRODUCTION
A “code” is a collection of laws of the same kind;
a body of legal provisions referring to a particular
branch of law.

-Civil Code
Revised Penal Code
-Reasons for Codification
1. the necessity of simplifying and arranging the
many juridical rules scattered in several
customs;
2. the necessity of unifying various legislations in
the same country;
3. the necessity of introducing reforms occasioned
by social changes.
The civil code is a collection of laws which regulate
the private relations of the members of civil
society, determining their respective rights and
obligations, with reference to persons, things and
civil acts.

Civil Code of the Philippines was enacted in 1950,

and remains in force to date despite some
significant amendments.
 Civil Code- 5 books

1. persons and family relations;

2. property;
3. succession;
4. obligations and contracts; and
5. special contracts - encompasses several classes
of contracts such as
sales, agency, and partnership.
The law on torts and damages
 Physical or mechanical composition of the Civil Code of
the Philippines
 2,270 articles
 Preliminary Title
 Book I-Persons
 Family Code- repealed Articles 52 to 304, 311 to 355
and 397 to 406 of Book I
 Book II-Property, Ownership and its Modifications
 Book III- Modes of Acquiring Ownership
 Book IV-Obligations and Contracts
 Transitional Provisions
 Repealing Clause
 EFFECT
and
APPLICATION OF LAWS
 Law (human positive law)- is defined as a rule of conduct,
just and obligatory, promulgated by legitimate authority
and of common observance and benefit.

 it is a rule of conduct
 it is obligatory
 it is promulgated by legitimate authority
 it is of common observance and benefit
 Bases of Human Positive Law
 Divine Pronouncements
 natural and moral nature of man
 legislative enactments
 jurisprudence or judicial decisions
 conventions or treaties
 customs and traditions
 Classification of Human Positive Law
 According to whether a right is given, or merely
the procedure for enforcement is laid down:
 1). Substantive law — that which establishes
rights and duties
 2) Remedial (or procedural or adjective) law —
that which prescribes the manner of enforcing
legal rights and claims.
 Classification of Human Positive Law
 According to the scope or content of the law:
 1) Private law — that which regulates the
relations of the members of a community with
one another.
 Civil and Commercial Laws
 2) Public law — that which governs the relations
of the individual with the State or ruler or
community as a whole.
 Political
Law, Criminal or Penal Law, and
Remedial Law
 According to force or effect:
 1) Mandatory (absolute, imperative) and/or Prohibitive laws
— those which have to be complied with, because they are
expressive of public policy: disobedience is punished either
by direct penalties or by considering an act or contract
void.
 Examples:

a transfer of large cattle is not valid unless registered;

a donation of real property must be in a public
instrument to be valid even as between the parties.
 2.) Permissive (or suppletory) laws — those which may be
deviated from, if the individual so desires.
 Example: “hidden treasure,’’ - finder gets 50% and
the owner of the land - gets 50%.
 However, by agreement, the proportion can be
changed
‘Civil Law
(a) is that branch of the law that generally treats of the
personal and family relations of an individual, his
property and successional rights, and the effects of
his obligations and contracts.
(b) It is that mass of precepts that determine and
regulate the relations of assistance, authority, and
obedience among members of a family, and those
which exist among members of a society for the
protection of private interests, family relations, and
property rights.
Civil Law’ Distinguished from ‘Political Law’
CIVIL LAW POLITICAL LAW
civil law governs the political law deals with
relations of the the relations of the
members of a people and the
community with one government.
another
 Sources of Civil Code
 (1) the Spanish Civil Code of 1889;
 (2) the codes, laws, and judicial decisions, as
well as the work of jurists of other countries;
 (3) doctrines laid down by the Supreme Court of
the Philippines;
 (4) Filipino customs and traditions;
 (5) Philippine statutes; and
 (6) the Code Commission itself.
 (7) General principles of law and equity
 Sources of Civil Law
 (1) The 1935 and the 1973 Philippine Constitutions
 (2) Statutes, laws, presidential decrees, or executive orders
which are applicable.
 (3) Administrative or general orders insofar as they are not
contrary to the laws or the Constitution.
 (4) Customs of the place, provided they are not contrary to
existing laws, public order, or public policy.
 (5) Judicial decisions (interpreting the law), as well as judicial
customs (where decisions are made notwithstanding the absence
of applicable statutes or customs
 (6) Decisions of foreign courts.
 (7) Principles covering analogous cases.
 (8) Principles of legal hermeneutics (statutory construction).
 (9) Equity and the general principles of law (juridical standards
of conduct premised on morality and right reasoning.
Martial law - law-making authority - Chief Executive or
President or Commander-in-Chief
(1) General Orders (which may sometimes be similar to
CODES)
(2) Presidential Decrees or Executive Orders (which may be
similar to STATUTES)
(3) Letters of Instruction or Letters of Implementation (which
may be similar to CIRCULARS)
(4) Proclamations (which are announcements of important
things or events)
Art. 1. This Act shall be known as the “Civil Code
of the Philippines.”

Art. 2. Laws shall take effect after fifteen days

following the completion of their publication in the
Official Gazette, unless it is otherwise provided.
This Code shall take effect one year after such
publication.

Scope of the Article on Effectivity of Laws

(1) An ordinary law
(2) The Civil Code
 When do laws become effective in the Philippines?

 Art. 2. Laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette or in
a newspaper of general circulation in the Philippines,
unless it is otherwise provided. (As amended by E.O. No.
200)

 1. If the law does not provide for its own effectivity

 2. If the law provides for its own effectivity
 3. If the law provides that it shall become effective
“immediately upon approval”
 When do laws become effective in the
Philippines?
 If the law does not provide for its own
effectivity
 G.R. It shall take effect after fifteen days
following the completion of their publication
in the Official Gazette or in a newspaper of
general circulation in the Phils.
 On the 16th day
 When do laws become effective in the Philippines?
 If the law provides for its own effectivity
 EXC. Then it takes effect on that date, subject
to the requirement of publication
 Q#6. May the 15-day period of publication be
reduced or extended?
 “unless otherwise provided”
 Art. 2. Laws shall take effect after fifteen days
following the completion of their publication
in the Official Gazette or newspaper of general
circulation in the Philippines, unless it is
otherwise provided. Xxxxxxxxxxxxxxxxxx (as
amended by EO 200)
 When do laws become effective in the
Philippines?
 If the law provides that it shall become
effective “immediately upon approval”
 Farinas vs The Exec. Sec.-
 La Bugal-B’Laan Tribal Association, Inc. v.
Ramos
 Tañada vs. Tuvera-April 24, 1985
 Effective immediately upon its
publication
 What the term law includes
 What needs to be published
 Alllaws, whether of local or general application, are
required to be published as a condition for their
effectivity;
 Publication requirement
 Publication of laws is indispensable;
 Reason: basic constitutional requirement of
due process must be satisfied since its
purpose is to inform the public of the
contents of the laws.
Q: A law was passed providing for its immediate
affectivity. Does this mean that its immediate
effectivity provision would dispense with the
publication requirement? Why?

 Tañada v. Tuvera GR 63915, Dec. 29, 1986

 publication must be in full or it is no publication at
all
 Effective immediately upon its publication
When No Publication Is Needed
- 1. not punitive in character
- 2.circulars which are mere statements of general
policy as to how the law should be construed
- 3. Municipal Ordinances (governed by the Local
Government Code);
- 4. Rules and regulations which are internal in
nature;
- 5.Letters of Instruction issued by administrative
supervisors on internal rules and guidelines;
- 6. Interpretative regulations regulating only the
personnel of administrative agency.
 Newspaper of general circulation
 1. It must be published within the court’s
jurisdiction;
 2. It must be published at regular intervals for
disseminating local news and general
information;
 3. It has a bona fide subscription list of paying
subscribers; and
 4. It is not devoted to the interest or published
for the entertainment of a particular class,
profession, trade, calling, race or religious
denomination (Alvarez v. People, G.R. No. 192591, June
29, 2011).
Additional Cases:
1. Honasan, II v. The Panel of Investigating Prosecutors of the
DOJ, G.R. No. 159747, Jun. 15,2004)
OMB-DOJ Circular No. 95-001
2. Garcillano vs. The House of Representatives Committees on
Public Information, etc., Dec. 23, 2008)
a. Did the publication of the assailed Rules of Procedure
through the Senate’s website satisfy the due process
requirement of law?
b. Can laws become effective by publishing the law in the
website of Congress?
NO. R.A 8792 – Electronic Act of 2000 considers an
electronic data message or an electronic document as a
functional equivalent of a written document only for
evidentiary purposes. It does not make the internet a
medium for publishing laws, rules or regulations.
Additional Cases:
3. Judge Ferdinand Villanueva v. Judicial and Bar Council,
G.R. No. 211833, April 07, 2015
ISSUE: Nature of Long-standing policy of opening the
chance for promotion to second-level courts to those
judges who have served in their current positions for at
least five years
HELD: NO. As a general rule, publication is indispensable
in order that all statutes, including administrative rules
that are intended to enforce or implement existing laws,
attain binding force and effect. The challenged policy is
not an administrative rule or regulation. It involves a
qualification standard by which the JBC shall determine
proven competence of an applicant. It is not an internal
regulation, because if it were, it would regulate and affect
only the members of the JBC and their staff. Thus, JBC’s
failure to publish the said policy did not prejudiced Judge
Villanueva’s private interests