PERSONS AND FAMILY RELATIONS

ATTY. ROJAS

I. Introduction
1. What is law? What are the characteristics of law?
 Law, in its general sense (derecho), is defined as the science of moral laws based on the rational nature of
man, which governs his free activity for the realization of his individual and social ends, and which by its very
nature is demandable and reciprocal. (1 Sanchez Roman 3).
 In its specific sense (ley), it is defined as a rule of conduct, just, obligatory, promulgated by legitimate
authority, and of common observance and benefit. (Ibid.).
 Law may be defined in its most generic signification as an ordinance of reason promulgated for the common
good by Him Who is in charge.
To be useful and fair, law has to be promulgated, i.e., made known to those who are expected to follow it.

2. What are the two (2) general groups of law?

3. What is the codification of laws? Purpose.

 While most of our civil laws are found in the Civil Code, still the Civil Code is not the only place where we can
find our civil laws. A Civil Code is a compilation of existing civil laws scientifically arranged into books, titles,
chapters, and subheads and promulgated by legislative authority. (Black’s Law Dictionary, p. 334).
 A codification may be necessary to provide for simplicity, unity, order, and reform in legislation. From time
to time, however, additional civil statutes, civil presidential

4. Define Civil Law. What is the Civil Code?

 Civil law is defined as the mass of precepts which determines and regulates those relations of assistance,
authority and obedience existing among members of a family as well as among members of a society for the
protection of private interests. (1 Sanchez Roman 70).
 Civil law 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.
 A Civil Code is defined as a collection of laws, which regulates the private relations of the members of
civil society, determining the respective rights and obligations, with reference to persons, things
and civil acts. (1 Tolentino, Civil Code, p. 10, 1974 ed.).
 A Civil Code is a compilation of existing civil laws, scientifically arranged into books, titles, chapters,
and subheads and promulgated by legislative authority. (Black’s Law Dictionary, p. 334).

5. When did the present Civil Code take effect?

 The 1950 Civil Code of the Philippines took effect on August 30, 1950, one year after its publication in the
Official Gazette.
 The one year should be counted from the date of actual release and not the date of issue. (Lara vs. Del
Rosario)
 PERSONS AND FAMILY RELATIONS
ATTY. ROJAS

II. Preliminary Title

1. What are the four (4) books of the present Civil Code?
The Civil Code of the Philippines consists of 2,270 articles divided into four books.
Book I: Persons (Note — Book I is called “Persons’’ instead of “Persons and Family Relations” because
juridical persons such as corporations, which are likewise referred to in Book I, have NO families.)
Book II: Property, Ownership, and its Modifications
Book III: Different Modes of Acquiring Ownership
Book IV: Obligations and Contracts:
Other Parts:
1) Preliminary Title
2) Human Relations
3) Transitional Provisions
4) Repealing Clause
Some Important Changes Made by the Civil Code
(a) Book I — The elimination of absolute divorce, the creation of judicial or extrajudicial family homes, the insertion of
a chapter on Human Relations, the abolition of the “dowry,” greater rights for married women.
(b) Book II — There are new provisions on the quieting of title; on the creation of new easements. The provisions on
the “censo” and “use and habitation” have been eliminated.

Chapter 1. Effect and Application of Laws

Articles 2 to 18 Memorize

When do laws become effective? ARTICLE 2 CCP

ARTICLE 2. Laws shall take effect after fifteen days following the completion of their publication
either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is *Tanada v.
otherwise provided. Tuvera,
F: Marcos
declarations are
*NOTE. Under E.O. No. 200, a law can now take effect if published in a newspaper of general not published
circulation. Newspapers could better perform the function of communicating the laws to the
people as they are easily available, have a wider readership and come out regularly. (Tañada v. People v. Que Po
Tuvera) Lay
F: Bank Circular
The requirement of publication applies to all laws and is mandatory. It goes into the due process No.20, Did nor
clause. For, it would amount to lack of due process and height of injustice if a law would take exchange foreign
effect without it being published (Tañada v. Tuvera) money,
imprisoned.
Court decisions need NOT be published. No law requires the publication of SC decisions before
they can be binding and as a condition to their becoming effective. It is the bounden duty of a Roy v. CA
lawyer in active law practice to keep abreast of decisions of the Supreme Court. (Roy vs. CA
1988)

Circulars which prescribe a penalty for their violation should be published before becoming
effective. (People v. Que Po Lay, 1954) La Bugal-B’Laan v.
Ramos

 All valid and existing mining lease contracts, permits/licenses, leases pending renewal,
mineral production-sharing agreements granted under Executive Order No. 279, at the date of
effectivity of this Act, shall remain valid, shall not be impaired. (La Bugal-B’Laan v. Ramos)

Presumption of Knowledge of Laws. Purpose. Applicability to foreign laws ARTICLE 3 CCP

Garcia v. Recio
ARTICLE 3. Ignorance of the law excuses no one from compliance therewith. (2) Republic v.
Presumptive knowledge is sufficient - Once published the people are presumed to have knowledge of the law, even if Orbecido III
they have not read it.

 Only to Philippine mandatory or prohibitive laws, not to permissive or suppletory laws, nor
foreign laws.

 Ignorance of foreign law is not ignorance of the law, but ignorance of the fact because foreign
laws must be alleged and proved as matters of fact, there being no judicial notice of said foreign
laws. (Adong v. Cheong Seng Gee)
 The burden of proof lies with the "party who alleges (not challenges) the existence of a fact or
thing necessary in the prosecution or defense of an action." (Garcia v Recio)

Doctrine of Processual Presumption PNCC v. Asiavest

The foreign law, whenever applicable, should be proved by the proponent thereof, otherwise, such Merchant Bankers
law shall be presumed to be exactly the same as the law of the forum. (M) Berhad

Prospective Effect of Laws. Reason. Relate to Art. 3 ARTICLE 4

ARTICLE 4. Laws shall have no retroactive effect, unless the contrary is provided. Elegado vs. CTA
(3)
Retroactivity of Laws: It is one which creates a new obligation and imposes a new duty or attaches a new disability with
respect to transactions or considerations already past.

Exceptions to the Prospective Effect of Laws People v. Patalin

Oriental
Assurance Corp.
v. Solidbank Corp
People v. Jabinal,
Laperal v.
Katigbak,

A Bill of Attainder is a legislative act which convicts persons of and punishes them, for, crimes
without judicial trial.
No Vested rights in

Prospective Application of Judicial Doctrines PITC v. COA

 It applies to executive issuances and doctrines established by the Supreme Court. Morales v. CA &
 When a doctrine laid down by the Supreme Court is overruled and a different view adopted, the new doctrine should Binay
be applied prospectively, and not apply to parties relying on the old doctrine and acting on the faith thereof. Such is OMB v. Vergara
especially true in the construction and application of criminal laws where it is necessary that the punishability of an
act be reasonably foreseen for the guidance of society. (People v. Jabinal 1974)

Mandatory or Prohibitory Laws ARTICLE 5

ARTICLE 5. Acts executed against the provisions of mandatory or prohibitory laws
shall be void, except when the law itself authorizes their validity. (4a)
ULE — ACTS EXECUTED AGAINST THE PROVISIONS OF MANDATORY OR PROHIBITORY LAWS ARE VOID
‣ What are Mandatory or Obligatory Laws?
‣ If the law commands that something be done, it is mandatory. A mandatory provision of law is one the omission of
which renders the proceeding or acts to which it relates generally illegal or void.
‣ Example: Art. 804. Every will must be in writing and executed in a language or dialect known to the testator.
‣ What are Prohibitory Laws?
‣ Prohibitory laws are those which contain positive prohibitions and are couched in the negative terms importing that
the act required shall not be done otherwise than designated. If the law commands that something should not be done, it
is prohibitory.
‣ Example: Art. 818. Two or more persons cannot make a will jointly, or in the same instrument, either for their
reciprocal benefit or for the benefit of a third person.
‣ What are Directory or Permissive Laws?
‣ If the law commands that what it permits to be done should be tolerated or respected, in which case, it is
permissive or directory.
‣ Such kinds of law merely supplies what is lacking in the absence of stipulation by the parties

Rights, defined.5 ARTICLE 6

Cui v. Arellano
ARTICLE 6. Rights may be waived, unless the waiver is contrary to law, public University
order, public policy, morals, or good customs, or prejudicial to a third person with
a right recognized by law. (4a)
What is a right?
‣ It is the power or privilege given to one person and as a rule demandable of another, as the right to recover a debt
justly due. A right denotes an interest or title in an object or property.
Elements or a Right —
1. Subjects — are persons for rights exist only in favor of persons.
a. Active subject — one who is entitled to demand the enforcement of the right
b. Passive subject — one who is duty-bound to suffer its enforcement.
2. Objects — Things and services constitute the object of rights.
3. Efficient cause — the fact that gives rise to the legal relation.

Real rights vs. Personal rights Intestate Estate of

KINDS OF RIGHT IN GENERAL the Late Vito
1. Political rights — are those referring to the participation of persons in the government of the State Borromeo v.
2. Civil rights — civil rights include all other rights other than political rights. It may be further classified into the rights Borromeo
of personality (sometimes called human rights), family rights and patrimonial rights. The rights to personality and
family rights are not subject to waiver; but patrimonial rights can generally be waived.

KINDS OF PATRIMONIAL RIGHTS AS TO ENFORCEABILITY

1. Real rights (jus in re, jus in rem) — enforceable against the whole world (absolute rights)
‣ It is the power belonging to a person over a specific thing, without a passive subject individually determined against
whom such right may be personally exercised; it is enforceable against the whole world
2. Personal rights (jus in personam, jus ad rem) — enforceable against a particular individual (relative rights).
‣ It is the power belonging to one person to demand of another, as a definite passive subject, the fulfillment of a
prestation to give, to do or not to do.

Rules for the Waiver of Rights.

WAIVER OF RIGHTS
‣ RULE — RIGHTS MAY BE EXPRESSLY OR IMPLIEDLY WAIVED
‣ What is a waiver?
‣ It is the intentional or voluntary relinquishment of a known right, or such conduct as warrants an inference of the
relinquishment of such right.
‣ It is an act of understanding that presupposes that a party has knowledge of its rights, but chooses not to assert
them. (Consunji v. Court of Appeals 2001)
‣ EXCEPT— A RIGHT CANNOT BE WAIVED IF IT IS —
1. Contrary to law, public order, public policy, morals or good customs
2. Prejudicial to a third person with a right recognized by law

Requisites for a valid waiver. J.M. Tuason & Co.

1. The person waiving must actually have the right which he is renouncing v. Mariano
‣ Example — a person cannot waive future inheritance (Art. 2263) In the Matter of the
2. The person waiving must be capacitated to make the waiver. Petition of Gan
‣ A minor cannot waive his rights by himself Tsitung v.
3. He must have knowledge, actual or constructive of such right Republic
4. The waiver must be made in a clear and unequivocal manner.

Rights which may/cannot be waived

1. THOSE CONTRARY TO LAW
‣ Such as—
a. Waiver of future inheritance (Art. 905, 2263)
b. A contract of sale with right to repurchase was entered into by the parties with a prohibition against selling the
property to any other person except the heirs of the vendor a retro. This was held to be void because it is contrary
to law. It amounts to a perpetual restriction on the right of ownership. What was declared void however, was the
stipulation prohibiting the sale to any other person, not the whole contract itself. (Leal vs. IAC 1986)
c. Waiver of the protection of pactum commissorium is not allowed
d. A will may be revoked by the testator at any time before his death. Any waiver or restriction of this right is void.
(Art. 828)
2. NATURAL RIGHTS, SUCH AS THE RIGHT TO LIFE
‣ Therefore, if a person requests another to kill him, the killer would still be criminally liable.
‣ As a matter of fact, even if a person is not the killer himself, if a person assists another in the latter’s suicide, the
helper is penalised
‣ The right to be supported (present or future support) cannot be renounced, for support is vital to the life of the
recipient. (Art. 301)
3. ALLEGED RIGHTS WHICH REALLY DO NOT YET EXIST
‣ Future inheritance cannot be renounced, since no right is vested till the death of the decedent. This is also contrary to
law. This is especially so if the waiver or repudiation is intended to prejudice creditors.(Art. 2263)
4. THOSE THE RENUNCIATION OF WHICH WOULD INFRINGE UPON PUBLIC POLICY
‣ Such as —
‣ The right to be heard in court cannot be renounced in advance, hence, this kind of confession of judgment cannot
be allowed.
‣ A waiver of the legal right to repurchase a homestead that had been sold if the waiver is made in advance. This is
so, otherwise the benevolent intent of the State to give the homesteader all chances to preserve for himself and
his family the land that the State has rewarded him which would be rendered useless. (Barcelon v. Arambulo)
‣ Waiver of employment benefits in advance and the right to the minimum wage is not allowed.
‣ A waiver in advance of the one-month separation pay (the mesada) is contrary to public policy, but not a waiver
after the right has accrued. (Sanchez v. Lyons Construction Co)
‣ A tenant is not allowed to waive his right to the exemption provided by the Rice Tenancy Act from lien and
attachment of 25% of his share in the land products because such a waiver would be equivalent to a waiver of the
tenant’s right to live. Thus, a sheriff’s levy on said properties, and the subsequent sale thereof, should be
considered unlawful. (Maniego v. Castelo 1957).
‣ A waiver of the 10-year period for suing on a written contract (Art. 1144) is contrary to public policy. (Macias and
Co. v. China Fire Insurance Co)
‣ A stipulation requiring the recipient of a scholarship grant to waive (before receiving said award) his right to
transfer to another school, unless he refunds the equivalent of his scholarship in cash, is null and void. The school
concerned obviously understands scholarship awards as a business scheme designed to increase the business
potential of an educational institution. Thus, conceived, it is not only inconsistent with sound policy, but also with
good morals. (Cui v. Arellano University 1961).
‣ Political rights cannot be the subject of waiver. If a candidate for mayor agrees to split his term of office with the
vice-mayor to prevent the latter from running against him, that contract is void by reason of public policy. In fact,
the Constitution says that a public office is a public trust. It is not a property. It is beyond the commerce of man,
hence, it cannot be the object of a contract, otherwise, it is void ab initio.
5. WHEN THE WAIVER IS PREJUDICIAL TO A THIRD PERSON WITH A RIGHT RECOGNIZED BY LAW
Repeal of Laws.6 Floresca v. Philex
34. Express vs. Implied Repeal. Mining Corporation
35. Special vs. General Law Philippine Global
36. Non-observance of the law. Communications,
Inc. v. Judge
37. Supremacy of the Constitution. Relova`
38. Operative Fact Doctrine.
39. Judicial Decisions vis a vis Statutes.

Doctrine of Stare Decisis. How are judicial decisions abrogated? Ting v. Velez-Ting
University of the
East v. Masangkay
Obiter Dictum vs. Dissent
Duty of Courts to Render Judgment OCA v. Flores
People v.
Veneracion
Cabatingan v.
Arcueno
Interpretation of Laws People v.
Manantan
Custom, defined.9 Joy Capin-Cadiz v.
Requisites in Considering Customs Brent Hospital and
Colleges
Co Giok Lun v. Co
Espiritu Santo
Parochial School
v. NLRC
Computation of Periods CIR v. Primetown
Property Group
Yapdiangco v.
Buencamino
De Las Alas v. CA
Montajes v.
People
Territoriality Theory vs. Generality Theory Prado v. People
Reason Mayor v. Hon.
Intermediate
Appellate Court
Nationality Principle. Scope Republic v.
Manalo
Socorro v. Van
Wilsem
Lex Rei Sitae. Exceptions.13 First paragraph. Second paragraph
Renvoi Doctrine Philippine
Commercial and
Industrial Bank v.
Escolin
In the Matter of
Testate Estate of
the Deceased
 Edward E.
Christensen
Ancheta v.
Guersey-Dalaygon
Doctrine of Lex Loci Celebrationis. 14 Acts Before Diplomatic Officials. Garcia v. Garcia-
Prohibitive Laws. Recio
Bellis v. Bellis
Llorente v. CA
Hasegawa v.
Kitamura
Chapter 2. Human Relations

1. Reason for the Chapter on Human Relations.

Principle of Abuse of Rights15 Sea Commercial
Company, Inc. v.
CA,
Diaz v. Encanto
Relosa v. Pellosis
UE v. Jader
Principle of Damnum Absque Injuria. Amonoy v. Sps.
Gutierrez, G.R.
No. 140420,
February 15, 2001.
Cristino v.
Metrobank, G.R.
No. 178467, April
26, 2017.

Willful and Negligent Acts Willful and

Negligent Acts
RCPI v. CA
Garciano v. CA
Willful Acts Contrary to Morals17 California Clothing
v. Quinones.
Andrade v. CA,
Heirs of Eduardo
Simon v. Chan
Accion in Rem Verso18 Saudi Arabian
Airlines v. CA
Shinryo Company
Inc. v. RRN Inc
UP v. PhiLab
Industries
Duty to Indemnify Due to Benefit Received.19
Underdog Rule20
Thoughtless Extravagance21
Duty to Respect Privacy22
Refusal or Neglect to Perform Official Duty
27. Unfair Competition.24 Rayo v. CA
28. Test of Unfair Competition. De Severo
Criminal vs. Civil Liability; Preponderance of Evidence vs. Proof Beyond
Reasonable Doubt vs. Substantial Evidence25
Article 100, Revised Penal Code. A person criminally liable is also civilly liable. Rafael Reyes
Trucking
Corporation v.
People
Philippine Rabbit
Bus Lines, Inc. v.
People
Independent Civil Actions
Prejudicial Question27
 PERSONS AND FAMILY RELATIONS
ATTY. ROJAS

III. Book I. Persons

Title I. Civil Personality
1. What is a person? Types.
Chapter 1. General Provisions
1. Juridical Capacity28
2. Restrictions on Capacity to Act29
Chapter 2. Natural Persons
1) What is presumptive personality?30
2) When is a person considered born?31
3) When is civil personality extinguished?
4) Presumption of Survivorship.32 Relevance of knowing who died first.
Chapter 3. Juridical Persons
1. Juridical Persons. Classification of Juridical Persons.33
2. Creation of Juridical Persons.
3. Rights of Juridical Persons
a) Acquire and possess property
b) Incur obligations
c) Bring civil or criminal actions

Title II. Citizenship and Domicile

1. Citizens of the Philippines under the 1987 Constitution
2. Domicile. Distinguished from Citizenship.34
 PERSONS AND FAMILY RELATIONS
ATTY. ROJAS

IV. The Family Code of the Philippines

Provisions of the 1987 Constitution on the Family
1. Art. II, Sec. 12.
2. Art. X, Sec. 18, 20.

3. Art. XIII, Sec. 14.

4. Art. XV.

Title I. Marriage
1. Requisites of Marriage
1) Nature of Marriage Beso v. Daguman,
3) Essential Requisites of Marriage35 6) Case: Morigo v. People, G.R.
4) Legal capacity, meaning. No. 145226, February 6, 2004.
5) Formal Requisites of Marriage36 7) Case: Navarro v. Domagtoy,
A.M. No. MTJ-96-1088, July 19,
1996.
8) Case: Garcia v. Garcia-Recio,
G.R. No. 138322, October 2, 2001.

Effect of absence of an essential or formal requisite. Exception Ninal v. Bayadog

Effect of defect in essential requisites. Irregularity in the formal requisites.
Marriageable age.
Necessity of a Ceremony or Celebration. Marriage by proxy.38
14) Who may solemnize marriage
Issuance of marriage license
Parental consent, when needed.40 Van Dorn v. Romillo
17) Parental advice, when needed.41

Notice of Marriage License application. 10 Day Publication Rule.42 Case: Kho v. Republic
20) Cost of the issuance of Marriage License.43

Validity of Marriage License

Certificate of Legal Capacity for Foreigners
Contents of the Marriage Certificate
Proof of Marriage Sarmiento v. CA
Balogbog v. CA
Imelda Manalaysay Pilapil v. Hon.
Corona Ibay-Somera
Vda. De La Rosa v. Heirs of Vda.
De Damian
Republic v. CA

Marriages celebrated abroad Kondo (Pineda) Vs. Civil Registrar

General
Foreign Divorce Obtained by a Foreigner.48 Old rule v. New Rule Dacasin vs. Dacasin
Fujiki v. Marinay
Medina v. Koike
Republic v. Manalo
Juego-Sakai v. Republic
Arreza v. Toyo
Support During the Pendency of the Action
Effect of Declaration of Nullity Under Art. 40 and 4550 Zerna v. Zerna
Requirements for a Valid Subsequent Marriage51 Republic v. Catubag
Republic v. Nolasco
Effect of Judgment of Annulment (Art. 45) and Absolute Nullity under Art. 36 to De Dios v. Sandoval
Children; Children of Subsequent Marriage Under Art. 53 Tenebro v. CA

Title II. Legal Separation

1. Legal Separation: Grounds Lapuz v. Eufemio
Pacete v. Carriaga
Cervantes v. Fajardo
Grounds for Denial of Petition52
Rules in Relation to Petition
Reconciliation: how done, effects
Agreement to Revive Former Property Regime