PERSONS AND FAMILY RELATIONS

ATTY. ELIZA YAMAMOTO-SANTOS

SAN BEDA COLLEGE ALABANG, SCHOOL OF LAW
SYLLABUS

Course Description and Objective: An in-depth study of the statutory provisions

and jurisprudence on the effect and application of laws in the various fields of
human relations. This course will also provide a broad understanding of Marriage as
an inviolable social institution and its consequences between spouses and their
children and all other relevant information on the effects of Marriage in the lives of
people. This course will also tackle legal issues on paternity and filiation, adoption,
support, and rules on surname.

BOOK: Persons and Family Relations by Sta. Maria

I. Preliminary Title (Articles 1 to 36 of the New Civil Code and Other Applicable
Special Laws)

A. Effect and Application of Laws

* Applicable Laws:
- Republic Act No. 386
- Executive Order No. 200

a.1 Important Principles

1.1 Article 2 and 3: Effectivity of the Civil Code: August 30, 1950

Cases: Tañ ada v. Tuvera (146 SCRA 446)

People v. Que Po Lay (94 Phil 640)

1.2 Article 4: Non-Retroactivity of Laws

General Rule: Laws have no retroactive effect, unless the contrary is

provided.

Exceptions:

a. Unless the law expressly provides for the retroactivity of the law (e.g.
this law shall have retroactive effect insofar as it does not prejudice or
impair vested or acquired rights in accordance with the Civil Code or
other laws);
b. Curative or remedial;
c. Procedural or Remedial;
d. Interpretative Statutes;
e. Emergency Laws;
f. Laws creating new rights;
g. Tax laws when expressly declared or is clearly the legislative intent;
and
g. When the law is penal in character and favorable to the
accused.

Note: Concept of Ex Post Facto Law

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 1.3 Article 5: Mandatory and Prohibitory Laws

General Rule: Acts contrary to mandatory or prohibitory laws are VOID.

Exceptions: 1. The law makes the act valid but punishes the violator;
2. Law itself authorizes its validity;
3. Law makes the act only voidable; and
4. Law declares the nullity of the act but recognizes its effects
as legally existing.

1.4 Article 6: Waiver of Rights

Rule: Waiver is the intentional relinquishment of a known right and is not

to be presumed but must be clearly and convincingly shown, either by
express stipulation or acts admitting no other reasonable explanation. 1

Cases: DM Consunji v. Court of Appeals (G.R. No. 137873; 20 April 2001)

Cui v. Arellano (G.R. No. L-15127; May 30, 1961)
University of the East v. Jader, (G.R. No. 132344, February 17, 2000)

1.5 Article 7: Repeal of a Law.

a. Express and Implied Repeal

b. Effect of a Repeal: Partial Unconstitutionality of Statues

b.1 Doctrine of Operative Fact- Acts done pursuant to a law

which was subsequently declared unconstitutional
remain valid, but not when the acts are done after the
declaration of unconstitutionality.

1.6 Article 8: Judicial Decisions

Doctrine of Stare Decisis: enjoins adherence to judicial precedents and

is based on the principle that once a question of law has been examined
and decided, it should be deemed settled and closed to further argument.

1.7 Article 9: Duty of Judges

1.8 Article 10: Doubtful Statutes

Case: Bello v. Court of Appeals (56 SCRA 509)

1.9 Article 11 and 12. Customs

a. Customs must be proven as a fact and the courts are not to take
judicial notice thereof.
b. Elements: 1. Rule of conduct;
2. Formed by repetition of acts;
3. Uniformly observed or practiced as a social rule; and
4. Is legally binding and obligatory.

1.10 Article 13. Counting of Days, Months and Years.

a. Difference between those imposed by Agreement vs Laws

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Citing Persons and Family Relations by Sta. Maria, p. 9, 2010 ed.
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 1.11 Article 14. Obligatory Force of Penal Laws

General Rule: Citizens and foreigners are subject to all penal laws
imposed by the Philippines as well as all laws enacted for the
maintenance of public security and safety.

Exceptions:
a. When the Philippine government has waived its criminal jurisdiction
over the foreigners based on the principles of international law and
treaties;
b. When foreigners are within the territory of their Embassies considered
as foreign soil;
c. Parliamentary Immunity; and
d. Article 2 of the Revised Penal Code.2

1.12 Article 15. Nationality Rule (Lex Nationalii);

1.13 Article 16. Real Properties (Lex Rei Sitae)

1.13.1 General Rule: Real property as well as personal property

shall be governed by the law of the place where these are
situated.
Exceptions: a. Order of Succession;
b. Amount of Successional Rights;
c. Capacity to Succeed; and
d. Intrinsic Validity of the Provisions of the
Will.

Cases: Miciano v. Brimo (50 Phil 867)

Pilapil v. Ibay-Somera (174 SCRA 653)
Roehr v. Rodriguez (G.R. No. 142820, 20 June 2003)
Garcia v. Recio (G.R. No. 138322, 2 October 2002)

1.14 Article 17. Extrinsic Validity of Wills and Prohibitive Laws

* Lex Loci Celebracionis

* Concept of Prohibitive Laws

1.15 Article 18. Suppletory Nature of the NCC

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ARTICLE 2. Application of Its Provisions. — Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against
those who:

1. Should commit an offense while on a Philippine ship or airship;

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the preceding number;

4. While being public officers or employees, should commit an offense in the exercise of their functions; or

5. Should commit any of the crimes against national security and the law of nations, defined in Title One of
Book Two of this Code.

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B. Human Relations

1.16 Article 19 (Principle of Abuse of Rights), 20 and 21 (Acts Contra Bonus

Mores): Catch-all provision for damages

1.16.1 Elements of Article 19:

a. there is a legal right or duty;

b. which is exercised in bad faith; and
c. for the sole intent of prejudicing or injuring another.

1.16.2 Elements of Article 21

a. there is an act which is legal;

b. but which is contrary to morals, good customs, public order,
or public policy; and
c. it is done with intent to injure.

Cases: Nikko Hotel Manila v. Reyes (G.R. No. 154249, 28 February 2009)
Sps. Quisumbing v. Meralco (G.R. No. 142943, 3 April 2002)
Gashem Shokat Baksh v. CA (219 SCRA 115)
Albenson Enterprise Corp. v Court of Appeals (217 SCRA 16)
University of the East v. Jader, G.R. No. 132344, 17 February 2000

1.17 Article 22, 23 and 28. Solutio Indebiti, Unjust Enrichment and
Unfair Competition
1.18 Article 24. Vigilance of the Court in favor of the Disadvantaged
1.19 Article 25. Thoughtless Extravagance
1.20 Article 26. Respect of the dignity, personality, privacy and peace
of mind of other people.

Case: Tenchavez v. Escano (15 SCRA 355)

1.21 Causes of Action against Public Officers

1.21.1 Article 27. Refusal or Neglect of a Public Officer

1.21.2 Article 32. Duties Exercised by Public Officers

a. Good Faith is not a Defense;

b. Separate Civil Action may be instituted; and
c. Exemption of Judges from this provision

1.21.3 Article 34. Subsidiary Liability of the City or

Municipality

1.22 Institution of Criminal and Civil Actions

1.22.1 Article 29. Effect of an acquittal of an accused in a

Criminal case
1.22.2 Article 30. Preponderance of Evidence

a. Preponderance of Evidence
b. Clear and Convincing Evidence
c. Substantial Evidence

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 d. Proof beyond Reasonable Doubt

1.22.3 Article 31. When May a Civil Action Proceed

Independently of the Criminal Action
1.22.4 Article 33. Defamation, Fraud and Physical Injuries as a
Civil Action
1.22.5 Article 34. Reservation of Civil Actions

1.23 Article 36. Prejudicial Question

1.23.1 Elements of Prejudicial Question (Section 7, Rule 111 of

the Rules of Court)

a. the previously instituted civil action involves an issue

similar or intimately related to the issue raised in the
subsequent criminal action; and
b. the resolution of such issue determines whether or not the
criminal action may proceed.

Case: Abunado v. People (G.R. No. 159218, 30 March 2004)

Beltran v. People (G.R. No. 137567, 20 June 2000)
Te v. Court of Appeals (G.R. No. 126746, 29 November 2000)

II. Civil Personality

2.1 General Principles

2.1.1 Article 37. Juridical Capacity and Capacity to Act

2.1.2 Articles 38 and 39. Modification or Limitation to the Capacity to
Act

2.2 Articles 40 and 41. Commencement of Civil Personality

2.2.1 Donations to conceived and unborn children under Articles 742, 854
and 1025 of the New Civil Code.
2.2.2 Birth Records

Cases: Quimiging v. Icao (34 SCRA 132)

Geluz v. CA (2 SCRA 801)
De Jesus v. Syquia (58 Phil. 866)

Special Law: RA No. 6809

2.3 Article 42. When is Civil Personality Extinguished

2.4 Article 43. Death of persons called to succeed each other

Cases: Limjuco v. The Estate of Pedro Fragante (45 OG No. 9, p. 397)

Dumlao v. Quality Plastics (G.R. No. L-27956, 30 April 1976)

2.5 Juridical Persons

2.5.1 Article 44. Who are Juridical Persons

2.5.2 Article 45. Laws governing Juridical Persons
2.5.3 Article 46. Rights of Juridical Persons
2.5.4 Article 47. Dissolution of Corporations

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III. Citizenship and Domicile

3.1 Article 48. Who are citizens of the Philippines

3.2 Article 49. Laws governing citizenship
3.3 Article 50. Domicile v. Residence
3.4 Article 51. Domicile of Juridical Persons

Cases: Poe-Llamanzares v. Comelec & Elamparo, G.R. No. 221697, March 18, 2016
Mo Ya Lim Yo vs. Commissioner of Immigration (41 SCRA 292)
Frivaldo v. Comelec (G.R. No. 120295, 28 June 1996)
Uytengsu v. Republic (50 OG 4781/L-6379, 29 September 1954)
Romualdez-Marcos v. Comelec (248 SCRA 300)

IV. FAMILY CODE OF THE PHILIPPINES

4.1 Article 1. Definition of Marriage (Should be memorized verbatim)

See: Article II, Section 12 of the Constitution

Cases: Star Paper v. Simbol, G.R. No. 164774, 14 April 2006

PT&T v. NLRC (272 SCRA 596)
Estrada v. Escritura (2006)
Goitia v. Campos-Rueda (35 Phil. 252)

4.2 Article 2. Essential Requisites of Marriage

4.3 Article 3. Formal Requisites of Marriage
4.4 Article 4. Effects on the absence and/or irregularities in the requisites of
Marriage
4.5 Article 5. Legal age to contract marriage
4.6 Article 6. Form of Solemnization of Marriage and Marriage in Articulo Mortis

Cases: Enriquez v. Velez (185 SCRA 45)

Cosca v. Palaypayon (237 SCRA 249)
Wassmer v. Velez (12 SCRA 648)

4.7 Article 7. Who are authorized to solemnize marriage

* See Local Government Code, Chapter 3, Article 1, Section 444 [xviii]

Cases: Navarro v. Domagtoy (A.M. MTJ 96-1088, 19 July 1996)

Aranas v. Judge Occiano (A.M. No. MTJ-02-1309, 11 April 2002)

4.8 Article 8. Venue of Marriage

4.9 Article 9. Place of Issue of Marriage License
4.10 Article 10. Consular Officials on Solemnizing Marriages
4.11 Article 11 to 25. Content, Form, Procedure for application of Marriage License
and Other General Provisions

Cases: Lim Tan Hu v. Ramolete (66 SCRA 425)

Vda. De Chua v. CA (G.R. No. 116835, 5 March 1998)
Republic v. CA and Castro, G.R. No. 103047, 12 September 1994.

FYI: Duties of a Civil Registrar under Articles 12-19, 23 to 25 (Family Code)

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 : RA No. 6955 (“An Act to Declare Unlawful the Practice of Matching Filipino
Women for Marriage to Foreign Nationals on a Mail Order Basis and Other
Similar Practices xxx”)

4.12 Article 26. Lex Loci Celebrationis

Cases: Garcia v. Recio

Pilapil v. Ibay-Somera
Van Dorn v. Romillo (139 SCRA 139)
Republic v. Orbecindo III, G.R. No. 154380, 5 October 2005
Quita v. CA; 300 SCRA 406
Llorente v. CA, G.R. No. 124371, November 23, 2000
Bayot v. CA, G.R. No. 155635/163979, November 7, 2008
Corpus v. Sto. Tomas, G.R. No. 186571, August 11, 2010

V. Marriages Exempt from Marriage License

Cases: Ninal v. Bayadog (328 SCRA 122)

Manzano v. Sanchez, A.M. MTJ-00-1329, 8 March 2001
Cosca v. Palaypayon
Mariategui v. CA, G.R. No. 57062, 24 January 1992
Republic v. Dayot, GR No. 175581, 28 March 2008

VI. Void and Voidable Marriages

Cases: Chi Ming Tsoi v. CA (266 SCRA 324)

Domingo v. CA (226 SCRA 572)
Ninal v. Bayadog

For Article 36:

Republic v. CA and Molina, G.R. No. 108763, 13 February 1997

Chi Ming Tsoi v. CA
Louel Santos v. CA, G.R. No. 112019, 4 January 1995
Republic v. Quintero-Hamano, G.R. No. 149498, 20 May 2004
Choa v. Choa, G.R. No. 1473376, 26 November 2002
Dedel v. CA, G.R. No. 151867, 29 January 2004
Republic v. Rodolfo O. De Gracia, G.R. No. 171557, 12 February 2014
Valerio E. Kalaw v. Ma. Elena Fernandez, G.R. 166357, 14 January
2015

For Article 40:

Abunado v. People
Morigo v. People, G.R. No. 145226, 6 February 2004
Weigel v. Sempio-Dy, 143 SCRA 449
Domingo v. CA
Valdes v. RTC (260 SCRA 221)
People v. Aragon (100 Phil 1033)
Mercado v. Mercado (337 SCRA 122)

For Article 41:

Republic v. Nolasco (220 SCRA 20)

Lukban v. Republic (L-8492, 29 February 1956)

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 Armas v. Calisterio, G.R. No. 136467, 6 April 2000)

For Articles 45-46:

Anaya v. Palaroan (36 SCRA 97)

Buccat v. Buccat (72 Phil. 19)
Aquino v. Delizo (109 Phil. 21)
Menciano v. San Jose (89 Phil. 63)
Jimenez v. Canizares (L-12790, 31 August 1960)

For Articles 48 and 49:

Sin v. Sin (G.R. No. 137590, 26 March 2001)

VI. Legal Separation

Cases: Ocampo v. Florenciano (107 Phil. 35)

Lapuz v. Eufemio (43 SCRA 177)
Gandionco v. Penaranda (G.R. No. L-72984, 27 November 1987)
Bugayong v. Ginez (G.R. No. L-10033, 28 December 1956)
Pacete v. Cariaga (231 SCRA 321)
Macadandang v. CA (108 SCRA 314)

VII. Rights and Obligations Between Husband and Wife

Cases: Ayala Investments v. CA, G.R. No. 118305, February 12, 1998)

VIII. Property Relations between Husband and Wife

IX. Adoption

A. R.A. No. 8552 (Domestic Adoption Act of 1998)

a) Who may adopt

b) Who may be adopted
c) Rights of an adopted child (relate with Article 189-190 of FC)
d) Rescission of Adoption
e) Effects of Adoption

Cases: Republic v. Elepano (G.R. No. 92542, 15 October 1991)

Tamargo v. CA (209 SCRA 518)
Libi v. IAC (209 SCRA 754)

B. R.A. No. 8043 (Inter-Country Adoption Act of 1995)

a) When is it allowed
b) Who may adopt
c) Who are eligible for adoption

FYI: Articles 183-188

X. Support (Articles 194 to 208)

XI. Parental Authority (Articles 209 to 215)

a. Substitute and Special Parental Authority (Articles 216 to 219)

b. Effect and Suspension/Termination of Parental Authority (Articles 220 to
233)

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 XII. Emancipation and Age of Majority (RA No. 6809)

FYI: Summary Judicial Proceedings

XIV. Funerals/Care and Education of Children

XV. Use of Surnames
XVI. Absence